Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?
A: It would depend on the facts of the specific circumstances. You are going to have to hire an attorney to represent you and let your attorney figure this out.
A: Generally speaking all drivers owe a legal duty not to hit pedestrians. To prove the then breach, you convince the jury or arbitrator that they breached this duty and that you were not at fault. If you were in a crosswalk or walking on the side of the road, that tends to be easy. If you were running in the street, probably not going to win.
A: This depends on the facts of your case. First you have to figure out what the legal duty was. Generally, drivers of motor vehicles have a duty to avoid collisions of any nature. This duty is heightened when it comes to collisions where pedestrians are likely to be found (crosswalks, etc.) Once you have determined what the duty is, proving the legal duty is a matter of presenting the facts of the case to a jury, judge or arbitrator through admissible evidence. It would be in your best interest to gather all your supporting evidence, and make an appointment with a personal injury attorney. A reputable personal injury attorney will be happy to review your case at an initial consultation with you free of charge. Speak with the lawyer before making statements to the insurance companies.
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