What You’ll Need to Prove in Your Pedestrian Lawsuit
Tragically, thousands of pedestrians are injured and killed every year in the United States. When a pedestrian suffers harm because of a driver’s careless behavior, the victim and/or family may seek justice and compensation. To win a pedestrian lawsuit against the responsible driver, the plaintiff’s lawyer must prove certain things are true.
First, the lawyer must prove the driver acted negligently. The term negligence refers to a person’s failure to act in a way that a reasonable person would in a similar situation. Those actions aim to protect others from foreseeable risks. To establish a driver’s negligence in a pedestrian lawsuit, the plaintiff must prove the following:
- The driver owed the plaintiff a “duty of care,”
- The driver breached that duty by the way he or she acted,
- Breaching that duty led to the crash or incident, and
- The plaintiff died or sustained harm as a result.
Simply put, drivers must act reasonably when behind the wheel. When they fail to do so, they are acting negligently. Some common factors contributing to driver negligence include:
- Driving distracted,
- Driving under the influence of alcohol or drugs,
- Speeding or failing to slow down during bad conditions,
- Failing to stop for pedestrians at crosswalks,
- Disobeying traffic signs, rules, or signals, and/or
- Failing to signal while turning or changing traffic lanes.
Drivers are not the only ones who have a duty of care, however. Pedestrians must also follow the rules of the road and act safely when walking and standing. Ignoring the “walk” signal at an intersection or crossing outside of a crosswalk could put a person in danger of being hit by a vehicle. In each pedestrian lawsuit, the court will examine all the appropriate details to determine who acted negligently.
Why Victims Need an Experienced Lawyer for Their Pedestrian Lawsuit
When a vehicle hits a pedestrian, catastrophic injuries frequently result. Oftentimes, the person dies from those injuries. Victims and their families need the help of a skilled Pennsylvania pedestrian accident lawyer to seek justice compensation for medical care, lost income, and more. Their legal team must uncover critical evidence to show how the driver acted negligently. Because the details of a pedestrian-related crash are usually different than those of a multi-vehicle crash, it’s important to seek the help of an attorney who has won pedestrian accidents before.
Jon Ostroff has helped more than 25,000 Pennsylvania accident victims over the past 25 years – including many pedestrians and the families of those who died. He has also recovered more than a million dollars for many of his clients.
Each state limits the amount of time you may file a pedestrian lawsuit. If you were injured or a loved one was killed, contact Ostroff Injury Law to discuss how to take the next steps toward seeking justice.