Pedestrian Car Accident Personal Injury Claims

When a pedestrian is struck car the result can be devastating life changing injury and even death. An accident where a pedestrian is struck and injured often will involve a vehicle operator who is under the influence of drugs or alcohol. In that kind of situation the operator may be considered to have been in negligent operation of a motor and that can have both criminal and civil penalties. In instances where the local police are called to the scene of an accident involving the injury of a pedestrian a citation may be issued or an arrest may be made. The citation and accident scene police reports are important evidence to show that the operator operating his vehicle in a negligent or reckless manner.

Negligent Operation of a Motor Vehicle Resulting in Injury

States differ slightly in the exact wording of the elements of negligence in the operation of a motor vehicle, but generally the elements that must be established are: (1) a duty of care on the tortfeasor operator’s part, (2) a breach of that duty of care, (3) the breach was the actual or proximate cause of an injury through the operation of the motor vehicle, and (4) physical, emotional or financial damages resulted. A driver can be said to be negligent in conditions as minor as failing to pay attention to the road ahead by texting messages on his cell phone which caused him to slam into a pedestrian trying to cross the street inside a crosswalk to major conditions such as operating a vehicle while intoxicated and causing a head on collision when one of the cars involved slams into a nearby pedestrian and everyone in the accident is killed.

Reckless operation of a motor vehicle, or gross negligence in the operation of a motor vehicle, includes situations where the operator knows what he was doing was illegal and dangerous and he continues to engage in the behavior anyway. That driver risks criminal charges of reckless homicide and civil claims for wrongful death due to reckless operation of his motor vehicle.

Getting Legal Help

If you or a member of your family was injured by a moving automobile while a pedestrian it may be important and helpful to discuss the circumstances of the injury with a personal injury attorney. An attorney can review the accident reports and medical records to determine if it is appropriate to file a civil action against the operation of the vehicle to protect the rights and interests of the injured person.

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