A Car Hit Me, How Do I Prove It Was Not My Fault?

If you or a loved one has been injured in a pedestrian accident, you may be questioning which party is at fault. Is the vehicle driver at fault because they may have been exceeding the speed limit or weren't paying attention to the road? Is the pedestrian at fault because they weren't crossing in a sanctioned crosswalk? Do both parties share the fault? Or is another party actually to blame?Before an insurance company pays for medical costs, they also want to know who is at fault. Causation of the incident is crucial when establishing fault. Common causes of pedestrian accidents include: • Distracted driving • Reckless driving • Driving under the influence • Poor sidewalk maintenance • Lack of sidewalks • Parking lot defects • Debris on sidewalks or in parking lots • Pedestrian inattention • JaywalkingWho is at fault?Depending on the cause, the person at fault for a pedestrian accident could be the pedestrian, the driver of a vehicle that struck the pedestrian, or the person or agency responsible for the sidewalk, parking lot or roadway where the accident occurred.When someone else's negligence causes or contributes to a pedestrian accident, the injured pedestrian may recover damages for medical bills, pain and suffering, emotional trauma, disability or disfigurement, property damage, lost wages, lost earning capacity and other losses related to the accident. In order to collect these damages, the victim must be able to establish negligence or improper action on behalf of the other person. To do this, he must first show that the at-fault driver or person had a "duty of care"."Duty of Care"Drivers have a duty to show "reasonable care under the circumstances." This is interpreted as a duty to observe the so-called rules of the road, abstain from irresponsible or unsafe driving, and to be on the look out for pedestrians. Drivers have a "special duty of care to children". Because children have an increased risk of being victims of pedestrian accidents, drivers are expected to use special care when driving near schools and in areas where children are present.Parking lot and sidewalk owners also have a duty to the public. They are responsible for keeping their premises in a condition that prevents harm to the public and for fixing or posting warnings of any known hazards.In order to prove fault, it must be shown that the driver or property owner breached the duty of care by driving recklessly, running a red light, leaving a sidewalk impassable or by any other action or lack of action that caused injury.Protect Your ClaimWhile you may feel that it is obvious who is at fault for your injuries, the insurance companies may not agree. You could even be blamed for the entire incident. These are some simple procedures to follow in the event of a pedestrian accident to safeguard any future claim:1. Call the police immediately. Insist that an accident report be filled out. 2. Stay at the scene until the police arrive.3. If possible, get the names and phone numbers of any witnesses. 4. Write down what you remember of the accident. 5. Don't make any statements to anyone, including drivers and insurance agents. 6. Don't sign a settlement agreement until you speak to a pedestrian accident injury lawyer, even if the insurance company insists it is a generous offer.To learn more about protecting your accident claim, request a free copy of Atlanta pedestrian injury attorney Shane Smith's book "10 Mistakes That Can Ruin Your Georgia Wreck Case".