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Pedestrian - Related Motor Vehicle Acidents
 Statistics reported by the National Highway Traffic Safety Administration show that nearly 5,000 pedestrians die in motor vehicle related accidents, and more than 78,000 suffer injuries when hit by a car or truck. Likewise, thousands of non-vehicular pedestrian accidents occur annually. Unfortunate circumstances such as poor property maintenance, deteriorating sidewalks, parking lot construction, or other debris on walkways cause, or contribute, to these accidents.
A pedestrian may recover damages for injuries suffered if someone else's negligence caused or contributed to the incident. Negligence is the legal term for the failure to do something that would protect others from foreseeable risks.
The outcome of each case will depend upon careful analysis of the facts, as they relate to other essential elements. When a pedestrian injury occurs, there may be more than one party legally responsible for the accident. Depending on the circumstances of the accident, those with potential liability include:
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The driver of a vehicle that strikes a pedestrian |
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The party responsible for maintaining the sidewalk, roadway or parking lot where the accident occurred |
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The pedestrian |
The early involvement of one of our personal injury attorneys is the best way to assess and protect any potential legal claim.
Usually, any recovery in a pedestrian negligence case involving a motor vehicle will hinge upon the exact “duty of care” owed by those involved - both drivers and pedestrians must adhere to the laws of the road and exercise reasonable care. In many cases, it may seem obvious who was careless or negligent, but the courts look to a number of factors. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.
Driver's Duty of Care
Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Any failure to use reasonable care is considered negligence. A few of the most common factors contributing to driver negligence are:
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An inattentive or pre-occupied driver |
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Failure to observe posted speed limits |
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Failure to yield the right of way to pedestrians at marked crosswalks |
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Disobeying traffic signs or signals |
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Failing to signal while turning |
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Disregarding weather or traffic conditions |
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Driving under the influence of drugs or alcohol |
Driver's Special Duty of Care to Children
 When it comes to children, the law imposes a higher duty of care on drivers. Those aged 5-9 are at the greatest risk of being hit by a motor vehicle because they are of smaller size, less visible, and their conduct is unpredictable. The very presence of children is generally a warning to exercise more care. Thus, a motor vehicle driver must exercise great caution when they know, or should know, that small children are at play in the immediate area. This is especially true when one is driving in the vicinity of a school and residential districts where children are known to play.
Pedestrian's Duty of Care
A pedestrian must exercise reasonable care for his or her own safety. “Contributory” negligence may be assessed against a pedestrian if they failed to exercise such care, and directly contributed to the cause of their own injuries. A few of the most common factors contributing to pedestrian negligence are:
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Pedestrians who ignore the "walk" signal at an intersection |
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Pedestrians who enter a stream of traffic disrupting its flow |
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Pedestrians who fail to use marked cross walks |
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Pedestrians who "dart" in front of a vehicle |
Be aware that those who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence was the cause of what happened. If you are involved in a pedestrian accident:
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Call police immediately |
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Do not leave the scene of the accident before help arrives |
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Gather names and phone numbers of any witnesses |
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Do not make any statements to anyone, including drivers and insurers |
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Call the attorneys at the law firm of Pasquarella, Kunnel & Pomo as soon as possible |
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