If you think about the collision of two objects, a motor-vehicle and a pedestrian – who is more likely to suffer injuries? It is fairly obvious that a pedestrian is at a severe disadvantage compared to a person who is behind the wheel of a motor-vehicle. Not only are cars large, move fast and made of steel, they also protect their drivers. Often, drivers involved in pedestrian accidents walk away from an accident without a scratch.
For pedestrians that have suffered serious injury due to an accident involving a motor-vehicle, there may be many questions. One of those, often at the forefront of the victim’s mind is, how and why did this happen? A full investigation can help to answer those questions. Putting evidence together with state law can help determine who was at fault for the pedestrian accident and why.
Moto-vehicle drivers owe a duty of care to pedestrians and everyone on or near the road, for that matter. This means that drivers are obligated to exercise reasonable care under the circumstances. If a pedestrian is in the area, or suspected to be in the area, drivers are obligated to operate their vehicle lawfully, yield to pedestrians and consider how weather conditions can affect one’s ability to operate their vehicle safely. A failure to do these things, and others, can result in serious injury to a pedestrian if they are struck while in or near the street.
The reality is that motorists are always required to stop for a pedestrian – whether they are in the crosswalk or not. However, depending on the circumstances, a pedestrian may be partially at fault for the collision. Comparative negligence claims can help to recover for the percentage the other party is at fault. Laws vary from state to state and can be confusing to understand in the aftermath of an accident, which is why consulting an expert might be beneficial.
Source: injury.findlaw.com, “Pedestrian Accidents: Overview,” Accessed March 20, 2017