Do I need to prove negligence in a pedestrian accident case?

In North Carolina, a pedestrian accident case is typically handled under the legal theory of negligence. If a person has been injured in a pedestrian accident, they must prove that the other party was negligent in order for the injured person to be able to collect damages. Negligence is best described as the failure on the part of one party to act in a reasonable manner and adhere to a certain standard of care as required by law. To prove negligence, the injured party must show that the other party had a duty of care to the injured person, that the other party breached this duty, and that this breach of duty resulted in the injury to the pedestrian. The injured party must be able to demonstrate that the other party could have reasonably foreseen that their actions or inactions would cause harm to another person. The injured party must be able to prove that their injuries were the direct result of the other party’s negligence. This means that the injured person must be able to demonstrate that their injuries were the direct consequence of the other person’s breach of duty. The injured party must be able to provide proof of their injuries, such as medical records or witness testimony. In most cases, the injured party cannot collect damages without first proving negligence in a pedestrian accident case in North Carolina.

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