How to Prove Negligence in a Springfield Pedestrian Accident

To prove negligence in a Springfield pedestrian accident, you must demonstrate that a party owed you a duty of care and that they breached that duty, causing your accident and injuring you. To support your case, you may present evidence showing that each of these elements was present. A Springfield pedestrian accident lawyer may be able to help.

The Duty of Care and How it May Apply to a Pedestrian Accident

The duty of care means that people must exercise reasonable care to avoid injuring others. In the context of a pedestrian accident, it may include:

• Vigilance that extends to anticipating lawful or foreseeable pedestrian activity
• Yielding the right of way to pedestrians at crosswalks, intersections, and on sidewalks when required by law, and as may be expected when reasonable care is exercised.
• Exercising caution in areas where pedestrians may be present, with particular caution when near schools or bus stops
• Adjusting driving style to account for risks in low-visibility conditions

The duty of care may apply even when a pedestrian is jaywalking. Drivers are generally expected to avoid collisions with pedestrians when reasonably possible.

Breaching the Duty of Care

Having established the duty of care applicable to your pedestrian accident, you must now show that the person who struck you breached their duty. For example, you were struck when crossing the road at a crosswalk. The driver had a duty to check the crosswalk for pedestrians before proceeding, but failed to do so.

Show How the Breach of Care Was the Cause of Your Pedestrian Accident

Although it may seem like a straightforward step, demonstrating that a breach of care caused an accident can be more complex than it appears. For example, you may be able to prove that a driver ran a red light. However, if another motorist struck you, the breach may not be applicable to the accident.

If, on the other hand, a driver ran a red light, causing another driver to take evasive action, striking you, they may be partly liable. Their action caused or contributed to your accident even though their vehicle did not strike you.

Demonstrate That You Sustained Your Injuries in the Pedestrian Accident

So far, you have shown that someone was negligent in your Springfield pedestrian accident. Now, you must show that the accident caused or contributed to your injuries. It is almost always advisable to seek medical attention as soon as possible after a pedestrian accident.

This not only means you receive treatment for any injuries, but also allows medical professionals to evaluate you for hidden injuries you may not have noticed right away. Apart from protecting your health, seeing a doctor creates a record linking your injuries to your accident.

The Importance of Proving Negligence in a Springfield Pedestrian Accident

If you were injured in a pedestrian accident, your financial and personal costs may be higher than you expected, even if your injuries did not seem serious at the time. If you can demonstrate negligence, you may recover compensation that you can use to help you recover. In general, you may be required to file your pedestrian accident claim within the 2-year timeframe specified in 735 Ill. Comp. Stat. 5/13-202.