When we’re involved in a pedestrian accident, proving the driver’s negligence is crucial for receiving fair compensation. Negligence means the driver failed to exercise reasonable care, leading to the accident. However, proving negligence isn’t always simple—we must gather strong evidence and build a solid case. Let’s break down the key steps in proving driver negligence in a pedestrian accident case.
1. Establishing The Elements Of Negligence
To prove that the driver was negligent, we need to establish four key elements:
- Duty of Care – Drivers have a legal responsibility to operate their vehicles safely and follow traffic laws to protect pedestrians.
- Breach of Duty – We must show that the driver violated this duty by acting carelessly, such as by speeding, running a red light, or failing to yield at a crosswalk.
- Causation – It’s not enough to show that the driver was careless—we must prove that their actions directly caused our injuries.
- Damages – Finally, we need to demonstrate that we suffered actual harm, such as medical bills, lost wages, or pain and suffering, as a result of the accident.
2. Gathering Evidence
At Burton Law Firm, we know that strong evidence is key to proving negligence. Here’s what we should collect:
- Police Report – If law enforcement responded to the accident, their report might include crucial details like witness statements, traffic violations, or the officer’s opinion on who was at fault.
- Witness Statements – Bystanders who saw the accident can provide testimony to support our case. Their unbiased accounts can confirm that the driver was at fault.
- Traffic Camera or Surveillance Footage – If the accident happened near an intersection or business, security cameras may have captured the crash. This footage can be powerful evidence in proving driver negligence.
- Accident Scene Photos – Taking pictures of the accident scene, skid marks, traffic signs, and our injuries can help illustrate what happened.
- Medical Records – Documenting our injuries and treatments connects our medical condition to the accident, proving the extent of the damages we suffered.
3. Demonstrating Traffic Law Violations
If the driver violated a traffic law at the time of the accident, it strengthens our case. Common traffic violations that contribute to pedestrian accidents include:
- Running a red light or stop sign
- Failing to yield at a crosswalk
- Distracted driving (texting, talking on the phone)
- Speeding or reckless driving
- Driving under the influence of drugs or alcohol
If we can prove that the driver broke a traffic law, it may establish negligence per se, meaning the driver is presumed negligent because they violated a law designed to protect pedestrians.
4. Working With Experts
Sometimes, we may need expert testimony to support our case. Accident reconstruction specialists can analyze the scene and recreate how the crash occurred. Medical experts can testify about the severity of our injuries and how they affect our daily life.
Proving driver negligence in a pedestrian accident case requires strong evidence, knowledge of traffic laws, and often legal expertise. If we’re struggling to prove fault, working with our Raleigh, NC pedestrian accident lawyer can make all the difference. They can gather the necessary proof, negotiate with insurance companies, and ensure we receive the compensation we deserve. The sooner we take action, the stronger our case will be.