If you do not have detailed knowledge of personal injury law, you might think that a motor vehicle driver who strikes a pedestrian with their car is always legally liable for that person’s ensuing injuries. In reality, establishing liability in Columbia pedestrian accident cases can be a more complex and evidence-intensive process than most people expect, especially if a police officer did not witness the incident and cite the driver involved.
Assistance from an experienced pedestrian accident attorney could be vital to efficiently managing the litigation process and building the strongest possible claim. It can be helpful to know in advance how liability for pedestrian injuries works in a legal sense, so here is a brief guide from the team at Whetstone Perkins & Fulda.
Holding a Driver Liable for Negligence
Most of the time, the concept of negligence is the basis for liability in pedestrian collision lawsuits in Columbia. In order to hold someone else liable for an injury based on negligence, you must prove through a preponderance of the evidence that all the following conditions are true:
- The person you are suing owed you a duty of care to act responsibly in certain ways under certain circumstances
- That person breached their duty through a specific reckless, careless, or illegal act
- That breach of duty was the main and direct cause of an accident which likely would not have otherwise occurred
- That accident was the main and direct cause of an injury serious enough to require some form of professional medical attention
Every driver has a duty of care to always obey traffic laws and pay attention while they are driving. Holding someone at fault for a pedestrian collision generally entails proving that they committed a moving violation, were driving distracted or drunk, or were otherwise irresponsible immediately prior to that collision.
Who Else Could Be Liable for a Pedestrian Injury?
Individual drivers are not the only parties who could hold civil liability in a personal injury claim related to a pedestrian collision in Columbia. For example, if a car’s brakes suddenly fail without warning, partial or primary fault for injuries in an ensuing collision might lie with a mechanic who failed to identify and repair worn-down brake pads or a manufacturer that produced defective products.
Alternatively, a negligent driver’s employer may be held liable for a pedestrian crash if the driver was performing job-related tasks at the time. Sometimes, even local government bodies can hold civil liability for failing to properly maintain pedestrian infrastructure near public roadways, although there are unique rules and restrictions applicable to tort claims such as this.
Call a Columbia Attorney To Help Establish Liability in a Pedestrian Collision Claim
Depending on the circumstances of your pedestrian collision, the process of filing a civil suit for damages could involve multiple parties who acted irresponsibly. Regardless of the complexity of the case, representation from a skilled legal professional could help ensure your lawsuit or settlement demand goes as smoothly and successfully as possible.
A member of the Whetstone Perkins & Fulda team could provide further information about liability in Columbia pedestrian accident cases. Contact us today to schedule a confidential consultation.
