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What do you need for a successful pedestrian crash claim?

On Behalf of | Aug 2, 2022 | Motor Vehicle Accidents |

If you are walking as a pedestrian, the last thing you expect is to get into an accident because of a dangerous driver. You use the crosswalk and sidewalks, and you are cautious about being safe. If a driver isn’t safe or hits you while you’re somewhere pedestrians are relaxing, like an outside patio or sidewalk area, then you deserve to make a claim against them for compensation.

Pedestrian accidents are some of the worst because of the forces involved. A pedestrian has little protection against any impact, which can mean that an accident could lead to serious, possibly fatal injuries.

Establishing negligence in a personal injury claim

It’s essential to collect evidence and to establish negligence when you make a personal injury claim against the other party for hitting you as a pedestrian.

To start with, you will need to show that they failed in their legal duty to you. For instance, if you were crossing when you had a WALK signal and the vehicle failed to stop at a red light, they failed to follow the traffic laws and in their duty toward others on the roads.

You also have to show that they failed to fulfill the duty because of inaction or actions they took. For instance, if they were texting, they took an action that led to a crash. If they did not slow down, they had an inaction leading to a crash.

After this, you need to show that you were injured. You can keep medical bills and records for this aspect of the case.

Finally, you can show how the crash has affected you in the longer term. Do you miss work often? Are you living with a new disability? These are both things you would want to bring up in your case.

You can make a claim for fair compensation

Now is the time to begin looking into making a claim. You deserve to be treated fairly if you’ve been injured because you were walking. Pedestrians deserve respect on the roads, and it is your right to pursue a claim if you have been hurt due to someone else’s negligence.