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Who you can claim against as a pedestrian hit by a truck

Cars aren't the only vehicles that can be involved in a pedestrian accident. In fact, trucks, which are large and heavy, may bump bicyclists or pedestrians without even knowing it. It's been reported by the National Highway Traffic Safety Association that close to 5,000 pedestrians are killed each year due to car or truck accidents, while 76,000 are injured.

In most cases, if you're hit by a truck or other kind of vehicle as a pedestrian, you'll be able to claim compensation with the help of your attorney. However, you'll need to show that someone else was negligent at the time of the accident. For instance, did a driver run a red light? Did the truck driver drink too much before getting behind the wheel?

If you can show that you had the right of way, then you may be successful with your case. This is because the defendant, who would be the truck driver, owed you a legal duty of caution. When he failed to be cautious enough to avoid injuring you, he breached that duty and caused you harm. When you show the court the harm that has resulted, then you'll have all four of the requirements needed to make your case.

There may be more than one person responsible for your accident, especially if there were multiple drivers or hazardous conditions involved. Maybe the sidewalk was bumpy and caused you to trip into the roadway, or perhaps the lights at the intersection weren't sequenced correctly. These can be compelling arguments to include a third party in your compensation claim.

Source: FindLaw, "Pedestrian Accidents Overview," accessed Oct. 08, 2015

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