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Developing a strong pedestrian accident claim

It is important to be safe while traveling as a pedestrian. Unfortunately, even when taking proper precaution, the negligent acts of others may still lead to injury.

Thankfully, you may be able to receive proper compensation through a personal injury case. In order to develop a strong claim, there are a few things to consider.

Driver's duty

Drivers have a certain duty of care to uphold when behind the wheel. In short, they must follow traffic laws and regulations. These include certain requirements in regard to pedestrian safety. On the other hand, there are specific duties that pedestrians have as well. For the best outcome, you will want to be able to show how the driver disobeyed the law during the accident and you did not. To accomplish this, it is important to be familiar with the current laws.

Negligence

For pedestrians involved in auto accidents, as well as any personal injury case, to be successful, the accusing party must prove the negligence of the other party. Particularly in the case of a pedestrian accident, there are four points you must make to prove negligence:

  1. The driver owed a duty of care to the pedestrian.
  2. The driver did not uphold the appropriate duty.
  3. The pedestrian sustained injury due to the lack of duty.
  4. The pedestrian received damages from the injuries.

Not being able to prove any of these aspects can leave room for doubt, which may result in an unsuccessful claim.

Evidence

Having proper, substantial evidence for any case is critical. In the case of a pedestrian accident, eyewitness testimony can be very beneficial. Also, if it is possible to get photo or video footage of the scene of the accident, it could be critical. As with any serious auto accident, an accident report is required. You should obtain a copy of the report as soon as possible.

Though no amount of money can completely compensate for your pain, suffering or loss, a settlement can at least help to relieve some financial stress. Considering these factors, determine how strong your claim is and what you may need to do to make it successful.

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