Pedestrian accidents may occur any time. Common examples of pedestrian accidents involve a pedestrian crossing a highway at the designated area or walking through a parking lot.
If the pedestrian is hit by the car, he may recover damages for the injuries suffered if someone else’s negligence caused or contributed to the accident. Negligence is the failure to do (or not do) something that a reasonable person in a similar situation would do. To establish negligence in a pedestrian accident, the injured person (the “plaintiff”) must prove that the person at fault (the “defendant”):
- Owed a legal duty to the plaintiff under the circumstances
- Failed to fulfill (“breached”) that legal duty through action or inaction
- Caused an accident or injury involving the plaintiff
- Harmed or injured the plaintiff as a result