Pedestrians and Car Accidents
Posted on Apr 24, 2013 2:40pm PDT
Dangerous drivers on the road are not only a threat to other vehicles, they also create a large danger to pedestrians in the areas nearby. Sadly, incidents like this are not unheard of either as there are an estimated 60,000 pedestrian accidents per year according to statistics gathered in 2006 by the National Highway Traffic Safety Administration (NHTSA). And when a driver is traveling at the speed of only 30 miles per hour or more, the results of the collision with a pedestrian may be severe if not fatal. Even only going just a few miles an hour (even 10mph) can cause significant damage to a pedestrian who is not expecting to be hit.
Not only is it the responsibility of the driver to proceed with caution when on the road, and abiding by all traffic laws, but it is also their responsibility to know what to do in the event that there is an accident with a pedestrian or another vehicle. It is the drivers responsibility to pay attention to the road at all times, this means that they are paying attention to the road using the three crucial facts: cognitive, manual and visual. If a diver is visually aware, this means that their eyes are physically on the road and not on their cup of coffee or their cell phone. A driver's manual control is crucial when operating any motor vehicle, it is their responsibility to keep their hands on the wheel at all times in order to properly control the vehicle. Lastly, cognitive control while behind the wheel is crucial, if the drivers mind is elsewhere, their ability to respond quickly to a passenger running across the street or another car swerving into heir lane. A lack of one or all of these factors can result in dangerous car accidents; with another vehicle or a pedestrian.
In the event of a car accident involving a car and a pedestrian, the biggest question that is asked is: who is liable for the accident? Essentially, whenever there is a car accident, no matter who is involved, the court will want to know what party was considered to be negligent. So, if the driver of the vehicle was texting and ran a red light, causing him or her to crash into the pedestrian legally using the crosswalk, that drier would be considered at fault for the crash. However, there are some cases in which the pedestrian can be at least partly to blame for the accident. Perhaps the pedestrian decided that they didn't have time to walk another block to the crosswalk so they jay-walked to the other side, and they were hit in the process. While the driver may still be responsible for not stopping, the court may decide that some fault was in part on the pedestrian. In most states this would be considered as "contributory negligence" meaning that the victim itself played a role in the accident and subsequent injuries.
If you are a pedestrian who has been injured in a car accident, contact a car accident attorney near you immediately, as you may be entitled to some compensation for your pain and suffering. Whether or not you are partially at fault for the accident, seeking the counsel of a legal professional is highly encouraged to make sure that your rights a protected and fought for. When involved in an accident, you will likely have to deal with the complicating insurance process among many other issues that arise; and an attorney can help your through this process. Find a car accident lawyer in your area today using our website!