Most car accident claims occur between two or more drivers who were involved in a collision. However, some involve pedestrians who were involved in an incident with a car. Being injured as a pedestrian can be a traumatic experience. You may have believed that you were going to die or you may have gone through intense pain during an extended hospital stay.
Some incidents involving pedestrians can lead to life-altering injuries, from brain injuries to chronic pain. Regardless of whether you were seriously injured or only suffered a few cuts and bruises, you have the right to file for damages. The following is an overview of what you need to know if you intend to make a claim for damages as a pedestrian.
You’ll need to show that the driver failed in their duty of care
All drivers have a duty of care toward others on the road. This simply means that they have a legal responsibility to do things like follow all traffic laws, avoid speeding, and factor in weather or traffic conditions when making decisions behind the wheel. They also have the duty to look out for pedestrians. Additionally, they have a special duty of care to children. Children aged between 5 and 9 have the greatest risk of being hit by vehicles, and drivers should always be cautious and alert due to this.
If you want to successfully file for damages, you will need to show that the driver failed in their duty of care toward you. Additionally, you will need to show that this breach of duty caused you to become injured and that if the driver acted competently and responsibly, you would not have become injured.
Making a claim for damages as a pedestrian should only be done after you have made a recovery since your first priority should be healing. Make sure that you understand your legal rights when taking action to gain the damages that you deserve.