Pedestrians are always at risk when on public streets and sidewalks in El Monte. A single negligent driver can cause serious injuries to many people. Although driver negligence might seem straightforward to pedestrians, it is still necessary to hire a lawyer to handle the claim in court. El Monte pedestrian accident lawyers must do several things in order to prove a case.
Prove Negligence of the Driver
The first thing pedestrian lawyers must do is prove the negligence of the driver who caused the accident. One way to do this is to show that the driver somehow violated the law by running a red light or driving on the sidewalk. The driver must be shown to have caused the injuries sustained. Lawyers in El Monte can also show the driver was not acting reasonably. This could mean driving under the influence, looking away from the road to do something else or disregarding crosswalk signs. If lawyers can prove negligence, then the driver is more likely to be found liable for the accident.
Show the Pedestrian Exercised Duty of Care
El Monte lawyers must also show that the pedestrian exercised duty of care in order to be successful. This is not always an issue especially if the negligence of the driver is very blatant. Duty of care means the pedestrian acted reasonably. The pedestrian could be found at fault if the individual crossed outside marked crosswalks, disobeyed traffic lights or ran haphazardly into moving traffic. If a pedestrian did not exercise duty of care, then the driver might not be found fully liable.
Prove the Accident Caused Damages
Most individuals start a legal action after a pedestrian accident in order to receive financial compensation. Winning compensation requires El Monte lawyers to show there were damages. This means producing bills showing medical or other expenses. It could also mean presenting testimony showing an individual is unable to work or is unable to perform normal activities with family and friends due to the injury. Damages can often include intangible things like pain and psychological distress.
Consider Other Mitigating Factors
One final thing lawyers in El Monte must deal with is mitigating factors. The opposing counsel or insurance company will attempt to introduce mitigating factors such as bad sidewalks or weather in order to protect the driver. Mitigating factors could reduce the amount of legal liability. This means compensation might be reduced significantly. Skilled lawyers will try to disprove any irrelevant mitigating factors.
A pedestrian accident almost always becomes a legal issue when there are serious injuries. It can be difficult to prove negligence in a pedestrian accident case especially if there are aggressive attorneys defending the driver. This is why calling El Monte pedestrian accident lawyers for representation is always the best option.