There are many things that could contribute to a pedestrian-vehicle accident, including poor property maintenance, sidewalk or parking lot defects, or construction or other debris on walkways.
Whether it is a vehicle or property defect that results in injury to a pedestrian, the person injured can recover damages for injuries they suffered if the negligence of someone else is the reason for the incident. In order to establish negligence in a pedestrian accident, the injured person must prove that the person at fault has:
- Owed a legal duty to the plaintiff under the circumstances
- Failed to fulfill the legal duty through action (or through failure) to act
- Caused an accident or injury to the plaintiff (injured party)
- Harmed or injured the plaintiff as a result
The judgment of each case depends on the specifics and facts surrounding the case and each accident as they apply to each of these elements. When there is a pedestrian injury, more than one party may be legally responsible for the accident. Those that have potential liability for the injury include:
- The driver of the vehicle that struck a pedestrian
- The party responsible for the upkeep and maintenance of the sidewalk, roadway or parking lot where the accident took place
- The pedestrians themselves
When you involve a personal injury attorney, you have the best chances of assessing and protecting your potential legal claims. Contact the Tucson personal injury lawyers at Thrush Law Group today by visiting www.azautoinjurylaw.com for a free consultation.