Personal injury attorneys play a crucial role when it comes to proving negligence in pedestrian accidents. They are the legal professionals who specialize in tort law, which includes civil wrongs and damages that impact an individual’s physical or emotional well-being. A key component of their job is demonstrating the presence of negligence, which may not always be straightforward.
The process begins with establishing that there was a duty of care owed by the defendant to the plaintiff. In pedestrian accident cases, this is typically straightforward since all drivers have a responsibility to operate their vehicles safely and avoid causing harm to pedestrians. This duty extends to obeying traffic laws, staying alert for pedestrians, and exercising reasonable caution under prevailing conditions.
Once the duty of care has been established, personal injury attorneys must then prove that there was a breach of this duty. This could involve showing evidence such as CCTV footage, witness testimonies or police reports indicating reckless driving behavior like speeding, distracted driving or failure to yield right-of-way at crosswalks.
After demonstrating a breach of duty occurred, it needs to be shown that this breach directly caused the pedestrian’s injuries – also known as causation. For example, if a driver ran a red light and hit a pedestrian legally crossing at an intersection, it can be argued that the driver’s action directly led to the injuries sustained by the pedestrian.
Lastly, personal injury attorneys must prove that actual damages resulted from this incident – either physical harm or financial loss suffered due to medical expenses or lost wages during recovery period. Medical records detailing treatment received for injuries sustained in accident along with invoices for any related costs would serve as proof here.
Proving these four elements – duty of care; breach of duty; causation; and damages – forms what is known as ‘the negligence claim’. However simple it may seem on paper though , building such claims requires extensive knowledge about local traffic laws and experience dealing with insurance companies who often try minimizing payouts made towards victims’ claims.
Personal injury attorneys also work with accident reconstruction experts, medical professionals and other specialists to strengthen the case. They play a pivotal role in ensuring that victims of pedestrian accidents receive fair compensation for their injuries and losses. Therefore, if you or someone you know is involved in a pedestrian accident, it’s crucial to contact an experienced personal injury attorney who can guide through this complex legal process and fight for your rights.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699
