When a pedestrian is struck by a vehicle, navigating the legal process can be daunting. Understanding the role of negligence in these types of cases is crucial, as it is the key to obtaining compensation for injuries, medical expenses, lost wages, and emotional suffering. In Colorado, pedestrians have the right of way in many situations, but proving negligence is essential in holding the responsible party accountable.
Understanding Negligence in Pedestrian Accidents
Negligence refers to the failure of a person or party to act with the care that a reasonable person would in similar circumstances. In the context of pedestrian accidents, proving negligence involves showing that the driver or another party failed to exercise reasonable care, resulting in harm to the pedestrian. The legal system requires that victims of pedestrian accidents demonstrate that the other party was at fault in order to recover damages for their injuries.
Colorado law recognizes that drivers owe a duty of care to others on the road, including pedestrians. However, proving negligence is not always a straightforward process. It involves several key elements that must be shown in order to establish fault.
The Key Elements of Negligence
To prove negligence in a pedestrian accident case, you must first establish that the defendant owed a duty of care. In all traffic situations, drivers are required to follow rules that protect others, including pedestrians. For example, drivers must stop at red lights, yield to pedestrians in crosswalks, and be mindful of pedestrians when making turns. Pedestrians also have a duty to follow certain rules, such as using crosswalks and waiting for the walk signal when crossing at intersections. However, even if a pedestrian breaks some traffic laws, it does not necessarily mean the driver is not at fault.
Once you’ve established the duty of care, the next step is proving that the driver breached this duty. This could include actions such as running a red light, speeding in a school zone, or failing to yield to a pedestrian. Essentially, you need to show that the driver did something that a reasonable person would not have done under similar circumstances, and that this led to the accident.
The next element involves causation. You must prove that the driver’s breach of duty directly caused the accident. This means demonstrating that if the driver had followed the rules of the road, the accident could have been avoided. In cases where the pedestrian was crossing the street legally and the driver failed to yield, causation is often clear. Expert witnesses may be necessary to help demonstrate how the driver’s actions led to the accident.
Finally, you must show that the accident resulted in harm to the pedestrian. This can be physical injuries, such as broken bones or head trauma, but it can also include emotional or psychological harm, such as anxiety or post-traumatic stress disorder. Medical records, accident reports, and testimony from healthcare providers all serve to establish the extent of the injuries sustained.
Types of Evidence in Pedestrian Accident Cases
The strength of any negligence case depends on the evidence presented. In pedestrian accidents, evidence is crucial to demonstrating the driver’s negligence and the extent of the victim’s injuries. A police report from the scene of the accident can provide valuable details, including whether the driver was cited for a traffic violation. Eyewitness testimony can also be instrumental. Those who witnessed the accident may be able to provide insight into the driver’s actions, the pedestrian’s behavior, and the general conditions at the time of the crash.
In some cases, surveillance footage from nearby cameras or even dash cams may be available. Video evidence can be particularly useful in showing the sequence of events leading up to the accident. For example, it might capture whether the driver ran a red light or if the pedestrian was following the rules at the time of the crash. If video footage is available, it can provide a clear picture of what happened and support the claims of negligence.
Medical records also play a key role in proving the harm caused by the accident. These records document the injuries sustained, the treatment received, and the long-term impact on the victim’s health. In cases of serious injury, it’s essential to have detailed medical documentation to demonstrate the severity of the harm and the costs associated with treatment.
Comparative Negligence in Colorado
Colorado operates under a comparative negligence rule, which means that both the pedestrian and the driver may be found partially at fault for an accident. If the pedestrian was, for example, jaywalking or distracted while crossing the street, they could be found partially responsible for the accident. However, even if a pedestrian is partly at fault, they can still recover damages as long as their degree of fault is less than that of the driver.
If a court finds that the pedestrian is partially responsible, their compensation may be reduced by the percentage of fault assigned to them. For instance, if the driver is found to be 80% responsible for the accident and the pedestrian is found to be 20% at fault, the pedestrian would still be entitled to 80% of the damages they are claiming.
What Happens in Court?
If a pedestrian accident case goes to court, both sides will present their evidence. The plaintiff will need to prove that the driver was negligent and that the accident caused harm. This may include presenting evidence such as witness testimony, medical records, and video footage. On the other side, the defense may argue that the pedestrian was partly responsible or that the driver’s actions did not cause the accident.
Once both sides present their case, the judge or jury will determine who is at fault and how much compensation the pedestrian is entitled to. In some cases, the parties may be able to reach a settlement before going to trial. This is often preferred because it avoids the time, cost, and uncertainty of a court trial. However, if a fair settlement cannot be reached, the case will proceed to court, and the judge or jury will make the final decision.
Steps to Take After a Pedestrian Accident
If you are involved in a pedestrian accident, it’s crucial to take certain steps to protect your rights. The first and most important step is to seek medical attention. Even if your injuries seem minor at first, it’s important to get checked by a doctor to ensure that there are no hidden injuries. Some injuries, such as concussions or internal injuries, may not be immediately apparent.
Next, if you are able to, document the scene of the accident. Take photos of the location, any damage to the vehicle, and any visible injuries. This can be helpful later when presenting your case. Make sure to report the accident to the police, as their report will serve as an official record of the incident.
Contacting an attorney is also a crucial step. A personal injury lawyer with experience in pedestrian accidents can help you understand your legal rights, guide you through the process of filing a claim, and represent you in negotiations or court. A skilled attorney can also help ensure that you gather all the necessary evidence to prove negligence and maximize your chances of receiving fair compensation.
Proving negligence in a pedestrian accident case involves demonstrating that the driver failed to exercise reasonable care, causing harm to the pedestrian. The key elements of negligence include proving that the defendant owed a duty of care, breached that duty, caused the accident, and resulted in harm to the victim. Gathering evidence, understanding the rules of comparative negligence, and working with an experienced attorney are essential steps in building a successful case.
If you or a loved one has been injured in a pedestrian accident, contact Mark S. Hanchey and Ben Peterson Law Firm. Our team is committed to helping you navigate the legal process and ensure you receive the compensation you deserve. Reach out to us today for a consultation and take the first step toward justice.