What do I need to prove to win a pedestrian accident case?

In order to win a pedestrian accident case in Maryland, the plaintiff (the pedestrian) must prove that the defendant (the driver) was negligent – that is, that the driver acted in a careless or reckless manner that failed to exercise the degree of care necessary to ensure the safety of the pedestrian. To prove negligence, the pedestrian must show that the driver failed to observe the rules of the road and/or basic safety standards. Specific elements the pedestrian must establish include duty – that the driver owed the pedestrian a duty of care – and breach – that the driver breached that duty by violating the standard of care required to keep the pedestrian safe. The pedestrian must also show that the breach was a direct, proximate cause of the accident. The pedestrian must prove actual damages, including medical bills, pain and suffering, lost wages, or other damages. In addition to negligence, the pedestrian may also be able to prove a claim of strict liability. Strict liability is based less on the driver’s actions than on the fact that the driver caused an injury by operating the vehicle. To prove strict liability, the pedestrian must prove that the driver was operating the vehicle at the time of the accident, that the vehicle was defective or had a dangerous design, and that the defect or dangerous design was the cause of the injury. The pedestrian may also be able to use evidence of the driver’s recklessness or misconduct. This may include driving under the influence, driving at an excessively high speed, or engaging in aggressive or dangerous driving. Ultimately, a pedestrian can increase their chances of success by gathering as much evidence as possible and ensuring that they are able to prove each of the elements of the case. This may include witness testimony, photographs, medical records, and more.

What do I need to prove to win a pedestrian accident case?

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