If you have been injured in a pedestrian accident, it’s important to understand how to prove that the driver was negligent. You may be entitled to compensation for your injuries if you prove that the defendant failed to uphold their duty of care and acted negligently. In this blog post, we will discuss 6 steps you need to take to successfully establish liability on behalf of the person who hit you as a pedestrian.

1. Understand the Duty of Care

A defendant is liable for injuries to a pedestrian if the defendant failed to uphold their duty of care. The duty of care is a level or degree of caution that the defendant needs to have to avoid injuring you as a pedestrian. It includes efforts to identify risks and take reasonable steps to mitigate those risks. Examples of failures in the duty of care would be if the driver swerves into your lane, speeding, driving under the influence, or texting while driving.

2. Collect Evidence

Collect evidence to show that the defendant failed to uphold their duty of care. Collect any documents, photographs, testimony from witnesses and police officers, insurance statements, surveillance footage from nearby buildings (if available), etc. Keep in mind that each piece of evidence may not be relevant to your case- it’s best to find as many pieces as possible to provide an overall picture of what happened when you were hit as a pedestrian.”

3. Gather Witness Testimony and Statements

Gather information from anyone who happened to be driving nearby or witnessed the accident. Photographs from the collision scene have an essential role in establishing liability as they may show that there was a failure on behalf of the defendant to uphold their duty of care, such as swerving into your lane. It can sometimes be difficult for pedestrians involved in accidents with vehicles- even fatal ones-to obtain hard evidence about what exactly occurred. This is because many drivers will flee after hitting someone and leave no trace behind. However, this does not mean that you cannot successfully prove responsibility without some type of physical evidence. It is possible to establish liability through circumstantial evidence and expert testimony if you cannot collect any other type of proof. For the defendant’s actions to be considered negligent, it needs to have caused your accident.

4. Hire a Lawyer to Represent you in Court

When hiring a lawyer, be sure to choose one who specializes in pedestrian cases. It’s also important that they are qualified and experienced with the type of accident you have been through, such as a car vs. cyclist or truck vs. bus.” When hiring an attorney, it is important to find someone who has dealt with similar negligence issues before. You should ask them about their experience working on these types of accidents and how often they’ve won settlements for clients like yourself. If you’re unable to find an attorney after asking around your area, try checking online resources such as ​​personal injury lawyer in Colorado Springs, which can help match you up with attorneys based on different factors including location, expertise level, etc. Don’t forget that when looking for an attorney, it may take time- so be patient and don’t settle for the first one you come across.

5. Negotiate for Fair Compensation as Part of a Settlement Or Trial Award

If you’re not able to reach a settlement with the defendant, or if they refuse your offer, there will be a trial. At this point, it is up to an experienced judge and jury. This means gathering statements under oath, photographs from the accident scene (if possible), the insurance information on both sides, witness testimony about what occurred just prior to impact, which might help establish liability for either side.

6. Get Back on your Feet after an Accident

Last but not least, it’s important to remember the importance of getting back on your feet after an accident. This will allow you to heal both physically and mentally as well as take care of any other needs that have arisen, such as time off from work or school.

Accidents happen every day, but few are as devastating as a pedestrian accident. If you’ve been involved in one of these accidents, it can be challenging to determine who is at fault and what your next steps should be. That’s why we want to provide this 6-step guide on proving driver negligence when an accident occurs with a pedestrian. We hope that by following these tips, you will be able to get back on your feet after the incident without too much difficulty. Do any of these steps sound unfamiliar or unclear? Reach out for guidance from our team today.