Like accidents involving two or more motor vehicles, accidents involving a pedestrian and an automobile rely on proving that the driver of the car was at fault. However, occasionally pedestrian accidents occur outside of motor vehicle activity. In such cases, faulty walkways, the presence of debris and other factors could cause pedestrians to be injured.
Most of the time people seek legal options following a pedestrian accident because a motor vehicle was involved, but the points in the section below apply to all types of pedestrian accidents in the Denver area.
Negligence is the main legal factor in personal injury cases. Without negligence, the injured party will have a great amount of difficulty proving his or her case. In simple terms, the plaintiff must show that he or she suffered harm or injury due to the negligence of the defendant. Of course, this means literally causing the accident and the injuries.
Regarding motor vehicle accidents in which a pedestrian was injured, negligence can take many forms, including:
Distracted and reckless driving Disobeying traffic laws, signals and signs Failure to yield to pedestrians in crosswalks Driving under the influence of drugs or alcohol Disregard for hazardous weather conditions
If any of the above occurred, it means the driver failed to exercise his or her "duty of care." This is simply a term the law uses to refer to a person's duty to exercise reasonable caution.
As long as the plaintiff adhered to the traffic rules and exercised his or her own duty of care, there is a reasonable chance that grounds for a personal injury lawsuit exist. Speaking with an attorney about the case is the next logical step toward seeking damages for injuries incurred in a Colorado pedestrian accident.
Source: FindLaw, "Pedestrian Accidents Overview," accessed June 18, 2015