A collision between a vehicle and an Akron resident can be devastating. While some victims may fully recover from their ordeals, others may live with the injuries they suffer in the accident for the rest of their lives. It is important to understand the elements of proof that an auto-pedestrian accident victim must plead and demonstrate in order to be successful in their plight for damages for their accident-related expenses.
First, practically all drivers owe other individuals in the roadways a duty of care to act reasonably, given the circumstances that they are driving in. This can mean slowing down if weather conditions are unfavorable, leaving sufficient space between vehicles in traffic and avoiding distractions that can take their eyes away from the roads. To this end, a driver will generally owe a pedestrian a duty to act reasonably and the existence of this duty is the first element of an auto-pedestrian case.
Second, a victim must show that a driver breached their duty through an action that was not reasonable. For example, if a driver texts and drives and while focused on their smartphone hits a pedestrian in a crosswalk, the actions of the driver may be viewed as a breach of their duty.
Third, the driver who breached their duty must be the cause of the auto-pedestrian accident. If a driver’s actions are not the reason that the collision occurred, then the victim may have challenges proving their case. If, however, the driver is proven to be the cause of the crash and causes the victim to suffer injuries, then the victim’s case may be proven in full.
Individuals who have suffered personal injury accidents like auto-pedestrian crashes are encouraged to discuss their rights with personal injury attorneys. Limitations may be placed on how long after an accident happened that a victim may exercise their rights to sue for their damages.