Proving a driver is at fault after a pedestrian accident requires a thorough understanding of the standard of proof for civil claims, who bears the burden of proving fault, and what evidence establishes liability and secures compensation for damages.
To prove a specific driver is at fault after your pedestrian accident, we must satisfy four elements: the driver owed you a duty of care, the driver breached the duty of care, the breach of duty caused your injury, and you incurred damages. Eyewitness testimony, photographic evidence, medical records, hospital bills, income information, and your testimony all help us prove the four elements of a pedestrian accident lawsuit so you can be compensated.
Get your free case assessment from our Elizabeth, NJ pedestrian accident lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do You Prove a Driver is at Fault for a Pedestrian Accident in New Jersey?
You can prove a driver is at fault for your recent pedestrian accident in New Jersey with our lawyers’ help.
Duty of Care
The first thing our New Jersey pedestrian accident lawyers must establish for a successful case is that the defendant owed you a duty of care when the accident happened. Anytime a driver is behind the wheel of a car, they have a duty of care. This duty extends to other drivers, bicyclists, and pedestrians. It requires drivers to follow traffic laws and drive safely to avoid accidents.
Breach of Duty of Care
The second element we need to establish is that the defendant breached the duty of care. A breach can be any negligent act, such as failing to yield to a pedestrian, speeding, drunk driving, driving at night without headlights, making a reckless left turn, making a rolling stop at a stop sign, or distracted driving.
Causation
Plaintiffs must show the connection between the defendant’s breach of duty and the accident itself. This is one of the most challenging aspects of any auto or pedestrian accident compensation claim, one we can prove through eyewitness statements and accident reconstruction.
Damages
The fourth and final element that must be present for your case to succeed is proving your damages. Bills from hospital visits and follow-up appointments with doctors, records showing your lost wages, and testimony describing your pain and suffering all help us prove and calculate the damages you deserve.
What Evidence Proves a Driver is at Fault for a Pedestrian Accident in New Jersey?
We can use testimony, photos, medical records, and other evidence gathered during our investigation of a recent pedestrian accident to prove that a specific driver is at fault.
Eyewitness Testimony
Eyewitness testimony can place the defendant at the scene and driving the car that hit you. Eyewitnesses can explain the negligent conduct they saw firsthand, as well as your immediate and visible injuries. Eyewitnesses can also testify that you did nothing wrong as a pedestrian and didn’t contribute to the incident at all.
Feel free to request names and contact information from any eyewitnesses who remain on the scene so we can contact them as soon as possible, before their memories fade. If you can’t speak to anyone because of your injuries, we may still identify eyewitnesses.
Photographic Evidence
While a car might sustain little property damage from a pedestrian accident, there are still important photos to take. Photograph your personal belongings strewn across the road after being hit as a pedestrian, the ultimate landing point of the negligent driver’s vehicle, your injuries, and anything else significant.
Video footage showing the negligent driver hit you could exist, and we can reach out to nearby business owners and homeowners with outdoor surveillance systems on your behalf.
Medical Records
Most pedestrian accident victims need to go directly to the emergency room for treatment. These records help confirm the date and time of your injury, which we can match to the accident’s date and time. Medical records contain X-rays, MRI results, physicians’ notes, surgical notes, prescribed medications, and all other facets of your treatment plan.
FAQs About Proving a Driver’s Fault After a Pedestrian Accident
Who Has the Burden to Prove Fault After a Pedestrian Accident?
The burden to prove fault after a pedestrian accident falls on the plaintiff filing the claim and their legal counsel.
What is the Standard of Proof for a New Jersey Pedestrian Accident?
Civil claims use the “preponderance of the evidence” standard. You don’t have to prove the defendant’s liability beyond a reasonable doubt in a civil lawsuit; you have to prove their fault is more likely than not.
Do You Have to Prove a Driver’s Fault if Your Pedestrian Accident Case Settles?
If your pedestrian accident case settles, you won’t have to prove fault during a trial. You still need a strong case and compelling evidence so we can negotiate a fair enough out-of-court settlement.
What if You Share Fault for a Pedestrian Accident?
Comparative fault laws can apply to pedestrian accident lawsuits and reduce plaintiffs’ recoveries if they contribute to their injuries. New Jersey doesn’t bar victims who share fault from filing lawsuits and receiving adjusted damages, provided they are not more at fault than the defendant.
Does Your Testimony Help Prove Fault After a Pedestrian Accident?
You are an eyewitness to the accident, making your testimony useful evidence. Your statements can corroborate photographic evidence or the testimony of others who witnessed what happened. Your testimony can also help clarify your non-economic damages.
Do You Need a Lawyer to Prove a Driver’s Fault for a Pedestrian Accident?
Rely on your lawyer to prove a negligent driver’s fault after a pedestrian accident so that you can fully prioritize your physical, mental, and emotional recoveries.
Get Our Help with Your NJ Pedestrian Accident Case
You can call our Hoboken, NJ pedestrian accident lawyers at (201) 777-1111 for a free case discussion with Agrapidis & Maroules, P.C. today.