Do I need to prove negligence in a pedestrian accident case?
Yes, you need to prove negligence in a pedestrian accident case in Washington. Negligence is a legal term used to describe a situation where one person’s failure to act with reasonable care causes harm to another. Under Washington law, the pedestrian must prove that the driver failed to act with reasonable care, and was therefore negligent, in order to hold them legally responsible. The pedestrian must generally provide evidence that the driver was negligent by showing that the driver breached a duty of care. This means that the driver failed to act in a way that a reasonable driver would under similar circumstances. For example, if a pedestrian was crossing the street in a crosswalk and the driver sped through the intersection without looking, their actions would likely meet the definition of negligent. The pedestrian must also prove that the driver’s negligence caused their injuries. This requires showing that the driver’s negligence was the direct cause of the pedestrian’s injuries and that the injuries would not have occurred but for the driver’s negligence. Additionally, the pedestrian must prove that they suffered actual injury or financial losses as a direct result of the driver’s negligence. Ultimately, the burden of proof rests with the pedestrian to prove the elements of negligence in order to hold the driver legally responsible for any damages and losses resulting from the accident.
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