An Overview of Pedestrian Accidents
- October 12, 2016
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According to the National Highway Traffic Safety Association (NHTSA), about 5,000 pedestrians die in motor vehicle related accidents annually. It is also important to note that in addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur. A non-vehicular pedestrian accident may occur due to poor maintenance, sidewalk or parking lot defects, and construction or other debris on walkways, etc.
Establishing negligence in a pedestrian accident
Whether by a vehicle or a property defect, if the accident was caused by someone else’s negligence, a pedestrian may recover damages for the injuries s/he suffered. To establish negligence in a pedestrian accident, the injured person must prove the following:
- That the person at fault breached their legal duty through action or inaction.
- That the person at fault caused the accident or injury involving the plaintiff.
- That the person at fault harmed or injured the plaintiff as a result.
Liability in a pedestrian accident
In a pedestrian accident, legal responsibility for the accident may be on more than one person. Depending on the circumstances, the potentially liable parties may include the following:
- The driver of a vehicle that strikes a pedestrian.
- The party responsible for maintaining sidewalk, road, or parking lot.
- The pedestrian him/herself.
A pedestrian-vehicle accident case involves the duty of care owed by those involved in the accident. The driver of a vehicle, as well as the pedestrian, must follow the rules of the road and exercise reasonable care.
Driver’s Duty of Care:
A driver must exercise reasonable care while behind the wheel. Failure to do so is considered negligence. Distracted driving, speeding, disobeying traffic rules are some factors contributing to a driver’s negligence.
Pedestrian’s Duty of Care:
It is the responsibility of the pedestrian to exercise reasonable care for his/her own safety. When a pedestrian fails to exercise care and contributes to the cause of his/her own injuries, contributory negligence may be assessed against him/her. Some common factors that contribute to pedestrian negligence are ignoring the walk signal at an intersection, failing to use marked crosswalks and darting in front of a vehicle.
Non-vehicular pedestrian accident
In a non-vehicular pedestrian accident, those in control of the property where the accident happened, are responsible for maintaining their property and for warning people if there are hazardous situations concerning it.
To recover damages, the injured party must prove that a dangerous condition existed. This can be established by showing:
- The property owner created the condition.
- The property owner knew the condition existed.
- The condition existed for a long enough length of time that it should have been discovered and corrected prior to the incident.
Victim of a pedestrian accident? Contact us
A pedestrian accident can often result in serious injuries and fatalities. The pedestrian accident attorneys at Rockland Injury Lawyers are ready to work with you. If you or a loved one has been injured in a pedestrian accident, please contact our firm to discuss your case. Call us at 845-709-8005 and 800-940-1799 or email at firstname.lastname@example.org / email@example.com.