What are the elements of a case for a pedestrian accident?

In West Virginia, the elements of a case for a pedestrian accident are the same as for any personal injury lawsuit. The plaintiff (the pedestrian) must prove that he or she was harmed, that the defendant (the driver) was responsible for the harm, and that the defendant’s negligence caused the harm. To prove negligence, the plaintiff must establish the following four elements: 1) Duty: The defendant must have had a duty to act responsibly in a manner that would prevent harm to the plaintiff. 2) Breach: The defendant breached his/her duty of care by not acting responsibly. 3) Causation: The defendant’s negligent action must have been the cause of the plaintiff’s harm. 4) Damages: The plaintiff must prove that they suffered damages as a result of the defendant’s negligent actions. These four elements must be proven by a preponderance of the evidence, meaning that it is more likely than not that the defendant was negligent in his/her actions. If all four elements are proven, then the plaintiff may be able to recover damages for his or her losses. Examples of damages a pedestrian may recover for a pedestrian accident in West Virginia include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life.

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