Pedestrians are often more significantly hurt than drivers and motor vehicle passengers. However, that does not mean that drivers are always responsible for pedestrian accidents. Instead, as is the case in all motor vehicle crashes, the person who is injured and claiming damages must prove that the driver is legally at fault.
How to Prove Negligence in a Pedestrian Case
The burden is on you to prove by a preponderance of the evidence, that:
- The driver owed you a duty of care. Drivers owe pedestrians a duty of care, and this element of negligence is usually easy to prove.
- The driver breached the duty of care. Drivers must act like reasonable drivers would in similar circumstances. A driver who fails to act like a reasonable driver by drunk driving, distracted driving, reckless driving, speeding, drowsy driving, or any other means breached the duty of care.
- The driver caused your injuries. You must prove that your injuries would not have happened but for the driver’s breach of the duty of care.
- You have a legal right to a recovery. You have legal standing and the right to pursue damages according to Illinois law.
To convince the insurance company or the court that the driver is legally responsible for your injuries, you will need both evidence and convincing arguments.
Why to Prove Negligence in a Pedestrian Case
Once you convince an insurance company or the court that the driver was negligent, you may recover compensation for all of your past and future damages related to your pedestrian accident, including:
- Healthcare costs
- Lost income
- Physical pain
- Emotional suffering
- Other damages that you can prove were directly related to the accident
Proving your case to recover damages does not have to take a lot of your time and energy. Instead, you can count on the experienced personal injury lawyers of Hupy and Abraham to protect your rights. Insurance companies know that we mean business and are often willing to negotiate fair settlements with us. If a fair settlement can’t be reached, then we won’t hesitate to take your case to court.
Call us today to schedule a free consultation at one of our Iowa offices, your home, or your hospital room and to learn more our Win or It’s Free Guarantee!