The National Highway Traffic Safety Association (NHTSA) states that nearly 5,000 pedestrians die in motor vehicle related accidents, and over 78,000 pedestrians suffer injuries when hit by a car or truck on an annual basis. Pedestrian injuries do not have to come solely from an accident with a vehicle, shoddy property maintenance, sidewalk or parking lot defects and/or construction or other debris on walkways can cause or contribute to accidents.
If someone incurs injuries due to another’s negligence, whether it be due to a auto accident or defective property, a pedestrian may be able to recover damages for the. Negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances. If your attorney is to establish negligence in a pedestrian accident, the injured person must prove that the person at fault:
- Owed a legal duty to the plaintiff under the circumstances; and
- Failed to fulfill that legal duty through conduct or action (or through a failure to act); and
- Caused an accident or injury involving the plaintiff; and
- Harmed or injured the plaintiff as a result.
The result of each case depends primarily upon analysis of the facts of each incident as they relate to each of the above mentioned elements. When a pedestrian injury occurs, the responsible party may not be immediately clear, and in many cases there could be multiple parties responsible for the accident. Depending on the details of the accident, those with potential liability include:
- The driver of a vehicle that strikes a pedestrian;
- The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred;
- The pedestrian himself or herself.
The early involvement of a Denver pedestrian accident attorney is the best way to assess and protect the validity of a legal claim.