PEDESTRIAN ACCIDENTS OVERVIEW
If you or a loved one have been injured by a vehicle, as a pedestrian, you may be able to recover damages for injuries suffered by someone else’s negligence that caused or contributed to the incident. When we say “negligence”, we mean the failure to do, or not do something, that a reasonable person in the same or similar situation would, to protect others from foreseeable harm. In order to prove a negligence case in a pedestrian accident, you must prove that the at fault driver owed you a legal duty, failed to fulfill that duty, and caused damages (injuries) to you.
WHO IS LIABLE?
Sometimes there are more than one party legally responsible for the harm caused unto you. It may be that the driver of the vehicle is responsible for the accident but it may also be that the road conditions or planning contributed to the cause of accident. In the latter case, it would be prudent therefore to name the City or Municipality as a party in the claim.
WHAT CONSTITUTES A PEDESTRIAN-VEHICLE ACCIDENT?
Drivers and pedestrians are governed by certain rules of the road that each must abide by so that a safe environment can exist. While often times it is obvious who is responsible, the courts may look at a number of factors when allocating blame, including the signs in the area, road conditions, and your own prudence.
DRIVER’S OWE A DUTY OF CARE
Since the very nature of driving is dangerous, drivers must exercise reasonable care when operating a motor vehicle. Anything short of exercising such care, may be considered negligence. Common factors that may elevate the driver’s liability could be distracted driving, speeding, disobeying traffic signs, failing to yield the right of way to a pedestrian at a crosswalk, or driving under the influence of drugs or alcohol, to name some examples.
PEDESTRIANS MUST EXERCISE REASONABLE CARE
While drivers have certain expectations imposed upon them through legislation and common law, pedestrians must also exercise reasonable care for their own safety. It is possible for a pedestrian to be contributorily negligent if they failed to exercise reasonable care for their own safety, thereby contributing to the cause of their own injuries. A few examples could be ignoring the stop signal at intersection, entering traffic or j-walking, and darting in front of a vehicle.
HAVE A LAWYER LOOK AT YOUR CASE FOR A FREE CONSULTATION
If you or someone you love has been injured in a pedestrian accident, you should contact an experienced personal injury lawyer as soon as possible. A lawyer at our office will be pleased to meet with you to inform you of your legal remedies, and the likelihood of advancing a successful claim against the at-fault parties.