Pedestrian Accidents
According to the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrian accidents result in fatalities in motor vehicle related accidents, and over 78,000 pedestrians accidents involving a car or truck result in injuries. Pedestrian accidents also occur due to poor property maintenance, sidewalk or parking lot defects, and construction or other types of debris on walkways can contribute to pedestrian accidents.
Pedestrians may recover damages for injuries involving a vehicle or property defect if someone else’s negligence caused or contributed to the accident. Negligence refers to the failure to do (or not do) something that, in a similar situation, a reasonable person would do in order to protect others from foreseeable risks. In pedestrian accidents, the injured person (plaintiff) must prove that the person at fault (defendant) was indeed negligent. The plaintiff must prove that the defendant: owed a legal duty to the plaintiff under the circumstances; failed to fulfill the legal duty through conduct or action ( or failure to act); caused an accident or injury involving the plaintiff; and harmed or injured the plaintiff as a result.
Careful analysis of the facts of each pedestrian accident must be conducted. When a pedestrian accident occurs, one or more party may be legally responsible for the accident depending on the circumstances. Those with potential liability include: the driver of a vehicle that strikes a pedestrian; the person responsible for sidewalk, roadway or parking lot maintenance where the accident occurred; and the pedestrian him or herself.
Drivers who operate automobiles are required to exercise reasonable care under the circumstance. Failure to do so is considered negligence. Some of the most common factures that contribute to driver negligence include: inattentive or pre-occupied driver; failure to observe speed limits; failure to yield to pedestrians at marked cross walks; disobeying traffic signs and/or signals; failure to signal before turning; disregarding weather or traffic conditions; and driving under the influence.
If you or someone you know is injured in a pedestrian accident, it is best to call a personal injure attorney as soon as possible. At Sunne Law, we are experienced in helping injured pedestrians figure out the best way to assess a legal claim. Call us today for a free consultation.