Pedestrians have the right of way at intersections. Though this is a common rule that people are taught in regard to traffic, some people do not fully ascribe to it and its related stipulations. This can lead to a pedestrian becoming injured and filing a claim.
When pedestrians are involved in accidents with vehicles, being aware of a few important aspects of the claim process can aid them in building strong cases.
Negligence
For any personal injury claim to stand, the claimant must be able to prove negligence on the part of the accused party. The same is true in pedestrian accidents. A negligent driver is one who is not following the rules of the road and causes harm to the person on foot because of it. For example, a distracted driver is automatically not showing the proper duty of care as a driver, which lends itself to the proof process.
Personal liability
During the claim process, the accused driver may try to decrease the award amount of the claim, or even get the case dismissed altogether, by placing blame on the pedestrian. In fact, many drivers believe that pedestrians take advantage of their right of way privilege and are the source of a number of accidents. However, even in instances where pedestrians were jaywalking, a driver who is negligent is still partially responsible.
Evidence
Depending on the severity of the incident, it may not be possible for the pedestrian to collect evidence immediately afterward. In emergencies where paramedics or others must rush the pedestrian from the scene, an accident report can be a good place to start. Involved parties are able to obtain copies from the police department. It can also be beneficial to hire a knowledgeable attorney who has the know-how and resources to seek out and gather necessary evidence for the claim.
