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How do you establish negligence in a pedestrian accident?

As previous posts on this Pennsylvanian blog have touched on, injuries to the head could result in a serious brain injury, impacting a victim for months, even years. A head trauma could occur suddenly and be the result of a wide variety of accidents.

One of those accidents is a pedestrian accident. The weight and large size of a motor vehicle could send a pedestrian through the air, causing them to also collide with the ground.

While numerous injuries are possible in a pedestrian crash, a head injury is very likely. And, because the costs associated with the care, a treatment of a brain injury can be extensive. It is imperative that victims understand the cause and liability of the crash. Doing so could help the victim collect compensation, helping them offset the losses and damages arising from the incident.

How do you establish negligence in a pedestrian accident? For a pedestrian to prove a motorist was negligent in a pedestrian crash, the pedestrian must prove that the motorist owed a legal duty to the pedestrian under the circumstances.

For example, if a pedestrian is walking on a sidewalk or crossing at a crosswalk, a motorist owes a legal duty to the pedestrian to drive safely near them and yield to them. Next, a pedestrian must prove that the motorist failed to fulfill or breached this duty through action or inaction.

Third, the motorist must have caused an accident or injury that involved the pedestrian in question. Lastly, the motorist must have harmed or injured the pedestrian as a result.

If these four factors are not proven, then a pedestrian might not be able to prove that a motorist was negligent. Though, if the pedestrian is able to prove all four factors, he or she will likely prove the motorist was negligent and collect any damages that resulted from the accident.

Dealing with the aftermath of an accident that causes a serious injury, such as a brain injury, can be difficult to navigate because an injured victim is likely overwhelmed with the pain and suffering arising from the accident. In these cases, it is important to become well informed. A legal professional could help guide an injured victim, ensuring his or her rights and protected in the process.

Source: Findlaw.com, "Pedestrian Accidents Overview," accessed on Oct. 30, 2016

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