Losing a loved one in a pedestrian accident is a heart-wrenching experience. When such a tragedy occurs due to a driver’s negligence, it’s crucial to understand how to establish liability. Here are some of the elements to prove negligence in a pedestrian accident.
Duty of care
Duty of care means that the driver is responsible for acting reasonably and safely to avoid causing harm to others. For instance, drivers are expected to obey traffic signals, yield to pedestrians at crosswalks and drive within speed limits.
Breach of duty
A breach happens when the driver does not behave as a reasonably careful person would in similar situations. This can include actions like running a red light, texting while driving or speeding. To prove a breach of duty, evidence such as traffic camera footage, witness statements and police reports can be crucial.
Causation
Causation means proving that the driver’s breach of duty directly caused the pedestrian’s death. Medical records, accident reconstruction reports and expert testimonies can help establish causation.
Damages
Finally, you must prove that the pedestrian’s death resulted in damages. Damages can include medical expenses, funeral costs, loss of income and emotional suffering. Documentation such as medical bills, financial statements and personal testimonies can support your claim for damages.
To prove negligence in a pedestrian wrongful death case, you need to establish duty of care, breach of duty, causation and damages. Although this process can be intricate, grasping these key elements can aid in seeking justice for your loved one. Remember, you don’t have to navigate this journey by yourself. Legal professionals are available to assist you at every stage.