A Brief Summary of the Following Page
- Liability: Pedestrian accidents’ liability depends on proving a duty of care, breach of duty, causation, and damages, often involving traffic laws and property safety.
- Duty of Care: Drivers and property owners owe pedestrians a duty of care, which requires adherence to traffic laws and the maintenance of safe premises.
- Causation: Plaintiffs must show the defendant’s actions or negligence directly caused their injuries, with the breach of duty being a substantial factor.
- Comparative Negligence: Kansas’s modified comparative negligence rule can reduce a plaintiff’s recovery if they’re partially at fault, barring compensation if their fault exceeds 50%.
- Contact us online or by calling (800) 701-3672 to schedule a free consultation and take the first step towards securing the compensation you deserve.
Pedestrian accidents can be devastating, resulting in severe injuries and significant emotional trauma for the victims. When a pedestrian is struck by a vehicle, the consequences can be life-altering, leading to extensive medical bills, lost wages, and long-term disabilities. Victims need to understand their rights and options for seeking compensation. From navigating insurance claims to pursuing legal action against negligent parties, the process can be overwhelming. However, with the right support and legal guidance, victims can assert their rights and pursue the justice and compensation they deserve.
At Hollis Law Firm, we understand the physical, emotional, and financial toll pedestrian accidents can take on victims and their families. With years of experience representing personal injury victims, we have the knowledge and resources to advocate for your rights and pursue maximum compensation for your injuries and losses. Contact us today for a free consultation, and let us guide you through the legal process, allowing you to focus on your recovery while we fight for the justice you deserve.
Understanding Liability in Pedestrian Accidents
Pedestrian accidents can result in severe injuries and even fatalities, leaving victims and their families grappling with physical, emotional, and financial burdens. Determining liability is crucial for obtaining compensation for damages.
Duty of Care
The first element in establishing liability in a pedestrian accident is proving that the defendant owed a duty of care to the pedestrian. This duty of care typically arises from traffic laws and regulations, which require drivers to exercise reasonable caution and follow traffic rules to ensure the safety of pedestrians.
Similarly, property owners have a duty to maintain safe premises and prevent hazards that could endanger pedestrians. If the defendant breached this duty of care by acting negligently, recklessly, or in violation of traffic laws, they may be held liable for any resulting injuries to the pedestrian.
Breach of Duty
Once the duty of care is established, the next step is to demonstrate that the defendant breached this duty through their actions or negligence. This could involve various factors such as speeding, distracted driving (e.g., texting while driving), running a red light or stop sign, failing to yield to pedestrians in crosswalks, or driving under the influence of drugs or alcohol.
Similarly, property owners may be liable for pedestrian accidents if they fail to maintain safe conditions on their premises, such as clearing snow and ice from sidewalks or repairing uneven pavement. Proving the breach of duty often requires gathering evidence such as eyewitness testimony, surveillance footage, accident reconstruction reports, and police reports.
Causation
In addition to proving that the defendant breached their duty of care, plaintiffs must establish causation, showing that the defendant’s actions or negligence directly caused the pedestrian’s injuries. This requires demonstrating that the defendant’s breach of duty was a substantial factor in causing the accident and resulting harm.
For example, if a driver runs a red light and strikes a pedestrian in a crosswalk, the driver’s actions directly cause the pedestrian’s injuries. Similarly, if a property owner’s failure to maintain safe conditions leads to a slip-and-fall accident involving a pedestrian, the property owner may be held liable for the resulting injuries.
Damages
Finally, plaintiffs must provide evidence of the damages suffered as a result of the pedestrian accident. Damages may include medical expenses, lost wages, pain and suffering, emotional distress, and loss of quality of life. By documenting and quantifying these damages, plaintiffs can seek compensation for their losses in a pedestrian accident claim.
Understanding Kansas Comparative Negligence in Pedestrian Accident Claims
Pedestrian accidents can result in serious injuries and significant damages to pedestrians. Understanding the state’s comparative negligence laws is crucial when pursuing a personal injury claim after a pedestrian accident in Kansas.
Modified Comparative Negligence
Kansas follows a modified comparative negligence rule, which means that a plaintiff’s recovery may be reduced if they are found to be partially at fault for the accident. However, under Kansas law, a plaintiff can still recover compensation as long as their degree of fault is not greater than that of the defendant. This means that if a pedestrian is found to be 50% or more at fault for the accident, they may be barred from recovering any compensation.
Impact on Compensation
In pedestrian accident cases, comparative negligence can significantly affect the amount of compensation a pedestrian may receive. If the pedestrian is found to be partially at fault for the accident, their total recovery will be reduced by their percentage of fault. For example, if a pedestrian is deemed 20% at fault for the accident and their total damages amount to $10,000, their recovery will be reduced by 20%, resulting in a final compensation of $8,000. It’s essential for pedestrians to be aware of their rights and responsibilities under Kansas’s comparative negligence laws when pursuing a personal injury claim after a pedestrian accident.
