Pedestrian accidents can result in particularly serious harm. Pedestrians lack the same protections a vehicle affords its occupants. As a result, the force of a vehicle striking a pedestrian often causes the pedestrian to suffer life-threatening injuries. In the wake of these accidents, a pedestrian may seek to hold the driver who hit them responsible for their harm. To do so, an injured pedestrian can file a negligence lawsuit against the driver for the significant damage that often results from these accidents.
For example, a recent news article reported that a pedestrian suffered serious injuries following an accident in Durham, New Hampshire. The pedestrian was struck by a driver traveling westbound. Witnesses to the crash assisted the pedestrian until first responders arrived to transport the pedestrian to the hospital. The pedestrian received treatment for serious injuries, while the driver was unharmed. According to Durham police, the accident remains under investigation.
Can Pedestrians Sue for Damages in Maine?
Pedestrians who suffer injuries after a car accident can file a negligence lawsuit against the driver who hit them. To hold the defendant liable for damages, the injured plaintiff must prove that the defendant owed them a duty of care, breached that duty through a careless action or inaction, caused the accident through their carelessness and that the accident resulted in harm to the plaintiff. By filing a negligence lawsuit, plaintiffs will typically pursue compensatory damages. This type of damages award seeks to restore the plaintiff to the same position as if the accident never occurred. Pedestrians who want to sue the driver who hit them should know that criminal charges against the driver do not preclude their negligence lawsuit in civil court. The law may hold a driver responsible for a pedestrian accident through both criminal penalties and civil damages.