Proving fault and cause in a pedestrian accident


Connecticut residents will often travel by foot to get to their destinations. This might be on a city sidewalk, in residential area, a park or even a parking lot. However, no matter where pedestrians are traveling, they are usually walking near automobile traffic. Even though there are mechanisms to reduce pedestrian accidents from occurring, these unfortunate collisions can occur, usually due to negligence.

Based on data by the National Highway Traffic Safety Association, roughly 5,000 pedestrians die each year in accidents involving motor vehicles. Additionally, around 76,000 pedestrians are injured each year after being struck by a car or a truck.

Typically, pedestrian accidents occur when a pedestrian attempts to cross a roadway. However, these collisions are often due to the negligence of another party. If it is determined that a negligent party caused the incident, it may be possible to hold them responsible and recover damages. However, a victim must prove that the negligent party was at fault. This occurs when a legal duty to the pedestrian existed, this legal duty was not upheld, this act or inaction resulted in an accident and injury to the victim and the victim was harmed as a result of this event.

In addition to proving fault, injured pedestrians need to prove the cause of the accident. With regards to pedestrian accidents involving motor vehicles, this frequently occurs because of distracted driving, speeding, failing to yield to the right of way to pedestrians at crosswalks, disobeying traffic signs and signals, failing to signal while turning, disregarding weather or traffic conditions or driving under the influence.

If you have been injured in a pedestrian accident, it is important to understand your rights and recourses. A personal injury claim not only helps victims place liability on a negligent party, but helps them recover compensation for losses and damages suffered.

Source: Findlaw.com, "Pedestrian Accidents Overview," accessed April 23, 2017

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