Elements of proof in a pedestrian accident case

On Behalf of | Nov 13, 2017 | Personal Injury |

Every year Kentucky residents are seriously injured and some are even killed when negligent automobile drivers crash their vehicles into pedestrians. While the types of losses that victims of pedestrian accidents may suffer can vary dramatically, there are generally a few negligence-based elements that they must prove in court before any recovery may be awarded. This post will touch on those general elements which may apply to other forms of personal injury cases. Readers are asked, however, to discuss the facts of their specific personal injury cases with their lawyers as this post is not intended to provide any legal advice.

The first element that a victim may have to prove in a pedestrian accident case is that the driver of the vehicle owed the pedestrian victim a duty of care. This element is not generally difficult to prove as drivers’ duties of care extend to all those whom they may encounter while out on the road. Second, a victim may have to prove that the driver breached their duty of care and evidence of the collision often can satisfy this requirement.

Next, a victim must show that the breach of the driver’s duty caused the victim to suffer harm and that it was the action of the driver that resulted in the suffering of the victim. Different jurisdictions may approach these elements with different terms but, as an overview, this post provides readers with a short introduction into this complex legal topic.

A pedestrian accident can have devastating results for the victim. For this reason, individuals who have been struck by vehicles have rights to seek their damages from the negligent individuals whose actions led to the victims’ suffering.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Sheehan, Barnett, Dean, Pennington, Dexter & Tucker, P.S.C. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.