Basic Elements of a Pedestrian Accident Claim
Serious pedestrian accidents are a daily occurrence in SoCal. Most of these victims are eligible for financial compensation.
This compensation is available if the victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. We break down the legal elements of a pedestrian accident claim.
These elements are just an empty mold without evidence. Evidence in a pedestrian accident claim includes the police report, witness statements, and medical bills. Sometimes, an Oceanside personal injury attorney must supplement this evidence, because available proof is incomplete or inaccurate.
The police accident report is a good example. If the victim died or sustained catastrophic injuries, the police report only includes the tortfeasor’s (negligent driver’s) side of the story. Supplemental evidence includes electronic evidence and expert witness reports.
Duty
In California, most people, including most drivers, have a duty of reasonable care. This somewhat unfamiliar legal maxim is based on a very familiar moral maxim. Treat others as you want to be treated.
So, in legal terms, the duty of care requires motorists to obey the rules of the road and avoid accidents if possible. Motorists must be fit to drive and focus on the road. They must also avoid hazards, such as a pedestrian in the road, and not make excuses, such as “I didn’t see him/her.”
Some operators, mostly commercial operators, have a higher duty of care in California. So, if a Door Dash, Uber, or other commercial operator causes a pedestrian crash, it’s easier to prove negligence, because the bar is higher.
Breach
Quite simply, a breach is a lack of care that goes beyond a mere “accident.” Distracted driving is a good example.
If Tom swiped away a phone call in the moments before he hit Lisa, his behavior, though illegal, may not have been dangerous enough to constitute a breach of care. On the other end of the spectrum, if Tom was on his phone for several blocks prior to the crash, he probably breached his duty of care.
We mentioned electronic evidence above. In this case, the device use log helps an Oceanside personal injury lawyer draw the line between a one-off accident and a reckless breach of care.
Cause
A lawyer must prove the breach substantially caused the damages. Many causes contribute to pedestrian crashes, such as environmental and traffic factors. Driver error, like distracted driving, substantially causes these wrecks, at least in most cases.
A lawyer must also prove legal cause (foreseeability). It’s foreseeable (possible) that a careless driver could hop the curb and hit someone. It’s not foreseeable that a careless driver could hop the curb and hit the governor.
Damages
Typically, pedestrian accident victims must sustain physical injuries to obtain compensation for their injuries.
Compensation in a pedestrian accident claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may also be available, in some extreme cases.
Reach Out to a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
