Three people were killed in car accidents in the Boston area over the weekend. Although the whole area was affected by a snowstorm, there are no indications weather played a role in the crashes. Two of the accidents involved cars going into the opposite lane. In Acton, a pedestrian was killed after being hit by a van on Concord Road. The driver initially fled the scene but contacted the police later in the day.
Most motorists are aware of their rights after a car crash, but what about pedestrians? Many would say that a pedestrian injured or killed in a crash automatically qualifies for damages, but that is not so. Such claims follow the same rules as those stemming from a crash between two cars. The victim or their family must prove that the driver was negligent if they want to get damages.
How do you prove negligence in a car accident case?
First of all, the victim or their family must speak with seasoned Boston personal injury lawyers. Whether we’re talking about someone injured or killed in a crash, the claim is filed under personal injury laws, which are all about negligence.
Your lawyers will have to establish four factors:
- Duty of care – which is sort of implied as all motorists are required to drive safely and respect the rights of other road users.
- Breach of duty – this is the most important element as the lawyers will have to show in what way the driver failed in his or her duty of care. Speeding, reckless driving, and impaired driving all constitute negligence.
- Causation – refers to showing that the injuries were directly caused by the crash. Seeing a doctor as soon as possible after an accident is essential in proving that.
- Damages – this is the part where your lawyers determine how much your case is worth, taking into account both economic damages and the compensation you deserve for your pain and suffering.
Main reasons a driver may be found at fault after hitting a pedestrian
- Running a red light or stop sign
- Failure to yield or slow down after seeing a pedestrian in a crosswalk
- Going too fast in a parking lot
Main reasons why a pedestrian may be at fault
- Crossing the street illegally
- Walking in an area where foot traffic is prohibited
Most personal injury claims are settled through negotiations between your lawyers and the insurance company representing the driver. However, if the driver denies responsibility your case may go to trial. For instance, if the pedestrian was attempting to cross the street late at night in a poorly-lit area, the driver may claim he never saw the guy. Such a case would require bringing in witnesses and a lot of experts to determine if indeed the driver did not see the pedestrian.
Have you been injured after being hit by a car?
Don’t waste any time and contact a reliable attorney at the Neumann Law Group. Our attorneys have many years of experience in personal injury and wrongful death cases, in all types of car accidents. Through our dedicated representation of car accident victims and their families, we will help you win the damages you are entitled to. To schedule a free initial consultation, call our toll-free number at 800-525-6386.