According to Modesto accident statistics of 2016, there were over a hundred cases of pedestrian accidents. Unfortunately, five of them even faced fatal injuries. While often times than not, pedestrian accidents are a driver’s mistake, they can also be a pedestrian’s own fault. The bottom-line is, it is someone else’s fault in a majority of the cases. This is termed as ‘proximate cause’ in terms of the law.
The term means that the personal injury a victim has suffered wouldn’t have happened if it weren’t for someone’s mistake. For instance, if a driver is drunk and hits a pedestrian, the event would be referred to as a proximate cause. This is because otherwise, the accident wouldn’t have taken place. But how do you find out if it was a proximate cause? This is where foreseeability comes into play.
Foreseeability is of utmost importance in personal injury cases. It helps determine if a certain case falls under the definition of proximate cause or not. It is a test which assists in the evaluation of the scenario. In other words, foreseeability factors let you determine if the person who is being held responsible for the accident would have been able to avoid the mistake.
Why is it Important?
It is of utmost importance that you understand the foreseeability factor. This is because it could be the difference between a winning and a losing personal injury claim. You need to prove in court that you have received your injuries as a result of the negligence of the other party.
The claim you make as the victim is settled based on the type and manner of harm. If the injury that has occurred to you was not a result of a foreseeable event, this means that it did not happen with the other party’s negligence. In such a case, the person will not be liable for your injuries.
Furthermore, if a secondary event takes place as a result of the primary accident (which was not foreseeable), and becomes the cause of your injury, the parties will still not be held responsible. This is because the driving event of the second accident was not foreseeable.
When Can I File the Claim?
Every person on the road has a duty of ensuring that none of their actions cause harm to others. If you have been the victim of an accident, you should file a personal injury claim. However, you will only be able to have our claim settled if the event is in line with the following pointers.
- Your injury is a proximate cause.
- You have received noticeable injury or injuries.
- You got injured because the other party did not fulfill their duty of care.
If you meet all the points from the above-mentioned list, you should hire a personal injury lawyer and file a claim without delay.
Modesto accident statistics have shown time and again that if you are out on the road, you are at a risk of being injured. In case of an accident, make sure to hire a personal injury lawyer to file your claim.