Should I File a Pedestrian Accident Lawsuit?
Do I have A Personal Injury Case?
If you have been hit by a car and the cause of the accident is due to someone else's negligence or if their negligence contributed to your injuries, you may have cause to file a personal injury claim. If it is determined that the defendant is responsible for your injuries then they may be required to pay for your personal injuries. To win a personal injury claim you have to establish negligence on the part of the defendant. Negligence is conduct that does not meet the behavior required from a reasonable person to protect others from harm. People who drive must exercise "reasonable care". If they fail to do this and cause an injury this could be considered negligence. You must also prove that the actions of the plaintiff or his failure to act caused the accident and your resulting injuries.
In a pedestrian accident there may be multiple parties responsible for the accident. The pedestrian is also responsible to exercise reasonable care. If there behavior is determined to have contributed to their injuries (ex. darting into traffic) then this is considered contributory negligence and will be factored into the award given. It is important to consult with a personal injury attorney experienced in pedestrian accidents to evaluate the accident and determine the validity of your personal injury case.
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