Depending upon the circumstances surrounding your pedestrian accident, there are one or more individuals who may be at fault. Motor vehicle drivers owe a duty to other drivers (as well as to pedestrians) to operate their vehicles reasonably—and in a safe, prudent, and careful manner at all times.
When drivers do not safely operate their vehicles and negligently cause their vehicles to collide with a pedestrian, they can be responsible for any injuries that result in the pedestrian. Therefore, in the case of negligent, distracted, or intoxicated motor vehicle driving, you have a claim against the at-fault driver.
However, negligent motor vehicle operators are not the only ones who can be held responsible for a pedestrian accident. If a driver is operating a vehicle for the benefit of their employer (such as making a delivery), and the driver’s negligence causes their vehicle to collide with a pedestrian, then the driver’s employer may also be named as a defendant in any claim or lawsuit filed for damages under an agency theory of liability.
Employers can also be sued for negligent entrustment, hiring, or supervision if they hire or retain problem drivers who have been involved in pedestrian accidents before.
In the case of pedestrian accidents that occur because of premises defects or inadequate maintenance, the injured pedestrian may bring a claim or file a lawsuit against the property owner or the entity that is responsible for maintaining the property.
In the cases of defective sidewalks and other outdoor areas, the responsible party is sometimes a municipality, like a city, county, or township. However, when it comes to pursuing legal action against a local government entity, there are sometimes notice provisions that apply.
An experienced Duluth pedestrian accident attorney at Brauns Law Accident Injury Lawyers, PC can file a claim or lawsuit on your behalf against all parties who bear responsibility for your accident and injuries. We can then pursue monetary compensation from those responsible parties on your behalf.