When a pedestrian is struck by a vehicle, the physical, emotional, and financial consequences can be devastating. In many cases, the injured pedestrian has a right to seek compensation from the driver or another at-fault party. However, in order to receive that compensation, the injured person must prove negligence—a legal concept that holds someone accountable for failing to act with reasonable care.
If you’re pursuing a pedestrian accident claim, understanding how to prove negligence is critical. Here’s what you need to know.
What Is Negligence?
Negligence occurs when a person fails to exercise the level of care that a reasonably prudent person would under similar circumstances, and that failure causes harm to another person.
In a pedestrian accident case, you and your lawyer must demonstrate four essential elements to prove negligence:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Let’s explore each one.
Duty Of Care
Every driver has a legal duty to operate their vehicle safely and follow all traffic laws. This includes:
- Yielding to pedestrians in crosswalks
- Obeying traffic signals
- Driving at safe speeds
- Remaining attentive to surroundings
Proving that the driver owed you a duty of care is straightforward—it’s automatically assumed under traffic laws.
Breach Of Duty
To prove negligence, your McDonough, GA pedestrian accident lawyer must show that the driver breached their duty of care. Common examples include:
- Running a red light or stop sign
- Speeding in a pedestrian-heavy area
- Driving while distracted or texting
- Failing to yield at a marked crosswalk
- Driving under the influence of alcohol or drugs
Evidence of a traffic violation or careless behavior is often used to establish that the driver failed to act responsibly.
Causation
It’s not enough to show that the driver was negligent—you must also prove that their actions directly caused your injuries. For instance, if a driver was speeding and struck you while you were crossing the street legally, their speeding is the direct cause of your injury.
In some cases, the defense may try to argue that something else caused your injuries, like a pre-existing condition or another person’s actions. A skilled pedestrian accident lawyer will gather and present evidence to clearly connect the driver’s negligence to your harm.
Damages
As our friends at Council & Associates, LLC can attest, you must prove that you suffered actual damages as a result of the accident. These may include:
- Medical expenses
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress
- Long-term disability or rehabilitation costs
Your lawyer will use medical records, employment documentation, and expert testimony to quantify these damages.
Evidence That Helps Prove Negligence
To support your claim, your attorney may collect:
- Police accident reports
- Eyewitness statements
- Surveillance or dash cam footage
- Cell phone records (to show distraction)
- Traffic citations or DUI charges
- Expert accident reconstruction analysis
This evidence is crucial in establishing fault and building a strong case for compensation.
Proving negligence in a pedestrian accident case can be complex, especially when drivers deny responsibility or insurance companies push back. An experienced pedestrian accident lawyer understands the legal elements involved and knows how to gather the right evidence, present a compelling argument, and negotiate or litigate on your behalf.
If you or a loved one has been injured in a pedestrian accident, don’t face the legal process alone. Contact a qualified attorney as soon as possible to protect your rights and pursue the justice you deserve.