Pedestrian-related auto accidents are unfortunate, but not uncommon. In 2015, over 5,000 people died as a result of a pedestrian accident and another 70,000 were injured. According to the Centers for Disease Control and Prevention (CDC), nearly 129,000 pedestrians received medical treatment for auto accident-related injuries in the same year.
Fault- who is to blame for the accident- is the first and most important thing that a pedestrian should consider when deciding whether to file a lawsuit after being struck by a vehicle. Did the driver run a red light or a stop sign? Were they Intoxicated? Distracted? Because drivers must act responsibly on the road, hitting or injuring a pedestrian is a violation of duty; therefore, the driver must be accountable for the injuries they have caused.
Eligibility to file a claim
To be eligible to file a claim against the driver, you must be able to prove that the person who hit you was negligent in doing so. To prove negligence you must be able to establish the following four elements:
- The driver had a duty to ensure your safety
- The driver breached his or her duty
- The driver’s breach of duty directly caused your injuries
- You suffered damages
To prove the driver was at fault and liable for your damages, you will need to gather and present the following evidence:
- The police report
- Photographs or video surveillance
- Eyewitness testimonies
- Testimony from an accident reconstructionist who can determine how the collision occurred
In a personal injury lawsuit, damages are meant to compensate the injured for all harm that was suffered. These categories include medical expenses, lost wages, pain and suffering, and the loss of enjoyment of life.
Additionally, if the at-fault driver acted reckless or malicious when causing the victim’s injuries, you may be eligible to recover punitive damages.
Unfortunately, the injuries that a victim suffers during a pedestrian accident are severe and often result in his or her death. If you or a loved one has lost someone in a pedestrian-auto accident, The Cochran Firm New York is here to fight with you for the highest compensation. We will discuss with you your legal options during your no obligation, free consultation. Contact us today at 212-553-9215.