When a driver strikes a pedestrian, the fault usually goes to the driver. Yet in some cases, factors such as defective vehicle parts or unsafe crosswalks could contribute to pedestrian collisions. It often takes an investigation to determine fault for a pedestrian accident. The injured party or parties may then seek damages from the at-fault parties, usually in the form of insurance claims. The injured party (or his or her lawyer) will have to prove the defendant’s fault to secure compensation.
Duty of care. All drivers owe pedestrians strict duties of care. These duties include watching the road, keeping a proper lookout and obeying roadway signs at pedestrian crosswalks.
Even minor lapses in judgment could cause pedestrian accidents. A breach of duty could refer to any act of negligence that goes outside of a driver’s duties to pedestrians.
The pedestrian must have suffered damages in the collision, such as injuries, medical expenses/medical treatment, or pain and suffering. Proof of damages may take the form of hospital bills or testimony from physicians.
The driver or other defendant’s actions must have caused the pedestrian collision. New Mexico is a comparative negligence state, meaning even if the victim was partially responsible, he or she may still be eligible for compensation.