How Can I Prove That The Driver Was Responsible for my Pedestrian Accident?
In order to be awarded compensation for your injuries, you and your attorney must be able to prove that the other party acted negligently, and his or her actions led to the accident. To successfully prove negligence, your attorney must prove four elements:
- Duty: The negligent party had a duty to act or drive a certain way
- Breach: The negligent party breached his or her duty
- Causation: The negligent party’s actions were the cause of the accident
- Damages: The plaintiff suffered compensable damages as a result of the accident
In a civil suit, the plaintiff only has to prove by a preponderance of the evidence that the defendant was responsible for the incident. This means that if the evidence weighs in your favor (more than 50%) you can be awarded compensation.