What are the elements of a case for a pedestrian accident?
In California, the elements of a case for a pedestrian accident are as follows: 1. Duty of Care: The party being sued (the defendant) must have owed the pedestrian (the plaintiff) a duty of care—in other words, they must have had a responsibility to act in a certain way to protect the pedestrian. 2. Breach of Duty: The defendant must have breached their duty of care. This means that they must have acted in a way that did not follow the required standard of care. 3. Causation: The plaintiff must be able to show that the defendant’s breach of duty was the direct cause of the injury suffered by the pedestrian as a result of the accident. 4. Damages: The plaintiff must show that they suffered damages, such as medical bills, lost wages, and pain and suffering, as a result of the accident. These four elements are essential for a pedestrian accident case in California. If the plaintiff is able to prove all of them, they may be able to obtain compensation from the defendant for the harm they suffered.
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