LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
July 2, 2024

The aftermath of a pedestrian accident can be overwhelming, especially because you don’t just have to worry about recovering but also filing a personal injury claim. When you’ve been injured, understanding the legal landscape is crucial, especially the concept of the burden of proof. The burden of proof in a pedestrian accident claim rests on the injured party, meaning you must provide sufficient evidence to show that the driver’s negligence directly caused your injuries. This standard, known as “preponderance of the evidence,” requires demonstrating that it is more likely than not that the driver was at fault.

The burden of proof significantly impacts your ability to secure compensation for medical bills, lost wages, and other damages. Establishing negligence involves gathering various types of evidence, such as police reports, witness testimonies, and medical records. The process can be daunting, but you don’t have to face it alone. At Hasner Law, we understand the challenges you’re dealing with and are committed to helping you build a strong case to get the compensation you deserve.

What Is the Burden of Proof for Your Pedestrian Accident Case in Georgia?

Pedestrian accidents can lead to severe injuries and complex legal battles. Understanding the burden of proof is crucial to building a strong case and securing the compensation you deserve. Here’s a detailed look at the burden of proof in pedestrian accident cases.

Understanding the Burden of Proof

The burden of proof in a pedestrian accident case refers to the obligation to present evidence that proves the claims made by the plaintiff (the injured pedestrian). In civil cases, including pedestrian accidents, the burden of proof is on the plaintiff, and it must be met by a “preponderance of the evidence.”

Preponderance of the Evidence

“Preponderance of the evidence” means that it is more likely than not that the defendant (the party being sued) is responsible for the accident and the resulting injuries. This standard is lower than “beyond a reasonable doubt,” which is used in criminal cases. Essentially, the plaintiff must show that there is a greater than 50% chance that their claims are true.

Elements of Negligence

To meet the burden of proof in a pedestrian accident case, the plaintiff must establish the following elements of negligence:

  • Duty of Care: The plaintiff must show that the defendant owed them a duty of care. In pedestrian accidents, drivers have a duty to operate their vehicles safely and follow traffic laws to avoid causing harm to others.
  • Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care. This could involve showing that the driver was speeding, running a red light, texting while driving, or engaging in other reckless behaviors.
  • Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the accident. It must be shown that the injuries sustained were a direct result of the defendant’s actions or negligence.
  • Damages: The plaintiff must provide evidence of the damages suffered as a result of the accident. This can include medical bills, lost wages, pain and suffering, and other related expenses.

By establishing the elements of negligence and presenting strong evidence, the plaintiff can demonstrate the defendant’s liability and the damages incurred. 

Filing a Pedestrian Accident Claim? Contact Hasner Law Today

Understanding and meeting the burden of proof in a pedestrian accident claim is crucial for securing the compensation you deserve. Successfully proving that the driver’s negligence caused your injuries involves meticulous evidence collection and presentation. This process can be complex and overwhelming, but it’s essential for demonstrating that it is more likely than not that the driver was at fault. Remember, your ability to recover medical expenses, lost wages, and other damages hinges on meeting this legal standard. 

At Hasner Law, we recognize the challenges you face after a pedestrian accident and are here to provide the support and expertise you need. With our extensive experience in personal injury law, we are dedicated to helping you build a compelling case to meet the burden of proof. Don’t navigate this difficult time alone – contact Hasner Law through our contact form or at (678) 928-8784 to schedule a consultation, and let us fight for the justice and compensation you deserve.

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.