Many people think assigning fault in car accident cases is simple, especially in situations involving pedestrians. However, officers and courts look at various factors when trying to find out why a crash occurred. One is not guaranteed to gain compensation for injuries when struck by a car. When a collision involving a pedestrian takes place in Lake Forest, negligence must be proven to win damages in civil court.
What is Negligence?
Motorists on the road had to earn their licenses, and it is assumed that they will follow the law and use due caution like any reasonable individual would. When a driver endangers others by not using a reasonable amount of care, this is negligence. In court, one must prove that a defendant’s actions were negligent to gain compensation for injuries that resulted because of an accident. This involves showing that a driver had a legal duty that was breached, which resulted in an accident that injured the plaintiff.
What qualifies as negligence?
Any action or inaction that could be considered reckless may qualify as negligence when someone is injured or killed, and drivers who speed, do not yield to pedestrians at crosswalks or text and drive are usually not acting with the proper amount of care and could be found negligent. These are only a few examples of negligence, and a Lake Forest personal injury lawyer is aware of other actions that may constitute negligence.
While motorists must exercise care in order to protect others on the road and pedestrians, pedestrians must also use a reasonable amount of caution to keep themselves safe. Pedestrians should be able to recognize potentially dangerous situations and take steps to stay safe, so pedestrians who do not exercise care by darting in front of vehicles or ignoring signals at intersections might act negligently. Even if a driver did act inappropriately, a pedestrian might not receive compensation when his or her actions contributed to causing an accident.
If you were hit by a vehicle, it is important to seek legal counsel so that you can receive the compensation you deserve when a driver’s negligence caused an accident. Insurance companies or defendant’s attorneys often allege that a pedestrian is at least partly responsible for an accident, so it is crucial to have someone on your side who can gather evidence and state your case. Contact us today when interested in filing a personal injury claim after a crash.