A pedestrian accident is any accident where a pedestrian is struck by a vehicle. When it comes to a personal injury lawsuit, the injured party needs to prove that the driver acted negligently.
Negligence has five parts. First, it must be shown that the plaintiff has a duty to the defendant. Second, the plaintiff must have acted contrary to that duty. Third, there was an injury or accident as a result of that action (or inaction). Fourth, the defendant suffered or was harmed as a result of the accident. Fifth, that a reasonable person could have predicted this accident would happen as a result of the plaintiff’s actions.
The duty that a driver and a pedestrian have to one another is to keep each other safe. A driver has a duty to use caution, especially where there are children around, and to obey driving laws. A pedestrian has a duty to use caution and to protect his or her own life.