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While pedestrian accidents are not a common occurrence in Pinellas County, those that do occur typically result in severe injuries. For many people, these injuries are life-altering. If you were hurt through no fault of your own by a careless driver, you could be entitled to financial compensation.
If you want the best chances of receiving the compensation you deserve, you should work with a lawyer who knows how to determine liability in Pinellas Park pedestrian accident cases. Proving liability requires establishing that the driver or some other party negligently caused the incident. At Herman & Wells, our dedicated injury attorneys are here to help you get the best possible outcome.
Most of the time, drivers are responsible for collisions with pedestrians. Motorists are expected to keep a watch for people traveling on foot, and they typically must yield to them at intersections and crosswalks when the pedestrian is obeying the traffic laws.
In order for a person to be held liable for a pedestrian accident, there must be proof of negligence. Negligence is typically a careless act that leads to avoidable injuries. In total, there are four elements needed to establish negligence.
First, you must show that the driver owed you a duty of care. This is rarely in dispute, as all motorists are expected to operate their vehicles safely around pedestrians. The next step is to show that they violated that duty. This can happen when a driver is speeding, impaired, or distracted and strikes someone as a result.
The next element is referred to as causation. This is the link between your injuries and the driver’s breached duty of care. They are only responsible for the damage they directly caused. Fourth, you must have sustained compensable damages such as medical bills or lost wages.
Determining fault in a pedestrian injury case in Pinellas Park is not always easy. The good news is that you can rely on a skilled attorney from our firm to build the strongest possible case.
It is impossible to establish liability in a Pinellas County pedestrian collision without strong evidence. Every case is different, and your attorney will first have to review the facts to determine the strongest proof available. Evidence frequently used in these cases includes:
There is no better way to show a judge or jury how an accident happened than letting them see it themselves. Dash camera footage, local business security footage, or even Ring doorbell recordings could capture the incident directly, while photos of the scene can help explain how it occurred.
When an accident is not caught on video, having testimony from a neutral witness is often the next best thing. They can provide their view on how the collision happened and relate any signs that the driver was negligent.
Often, the damage to the vehicle can tell the story of how you were struck or how severe the impact was. It can help your case if the physical evidence contradicts the driver’s story, for example. Body damage or a broken windshield can also paint a picture of a traumatic event that could easily have led to serious injuries.
If you are dealing with the aftermath of a pedestrian injury, you can benefit from a discussion with our attorneys. The team at Herman & Wells has a track record of success on personal injury cases, and we look forward to helping you get the recovery you deserve.
Call today to learn about liability in Pinellas Park pedestrian accident cases.
