Pedestrians may find themselves in extreme danger when crossing streets in California. Even when waiting in a corner in a safe spot, risks of getting hit by a reckless driver remain. Therefore, pedestrians must stay alert to traffic dangers. However, some accidents are not avoidable, and a lawsuit could follow.
Fault and injuries
The sheer number of pedestrians injured annually may seem surprising. The National Highway Traffic Safety Association (NHTSA) notes that 2021 saw nearly 7,500 pedestrian deaths.
Although a pedestrian suffered an injury in an accident, that does not automatically mean the victim has a case. Negligence must factor into all civil liability claims. Proving that the driver was at fault somehow would assist an injured pedestrian’s attempts to recover compensation.
Fault involves a duty to care or a duty to act, resulting in someone’s harm. An intoxicated driver would be someone who shows reckless disregard for others and could face substantial punitive judgments if they hurt someone. A person who refuses to fix problems with a vehicle’s brakes displays inaction that may lead to harm if the vehicle can’t stop when someone’s crossing an intersection.
Proving the claim
How well a pedestrian can prove a personal injury claim depends on their evidence. The evidence might be highly compelling if video footage shows a driver behaving negligently. Photographic evidence may be effective, too.
Eyewitness statements may corroborate a pedestrian’s claims. So might a police report. Medical records could reveal the extent of the injuries and their costs.
A pedestrian might have a strong case against a reckless driver. Still, the pedestrian must provide proof in order to prevail.