Pedestrian Accidents Lawyers
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What Are Pedestrian Accidents?
Every year, more than 78,000 pedestrians are injured when they are hit by cars or trucks. In addition to pedestrian-vehicle accidents, thousands of non-vehicle pedestrian accidents also occur annually. These are most often caused by poor property maintanence, sidewalk or parking lot defects, or debris on walkways. Whether a person was hit by a car or tripped on a sidewalk, a pedestrian can recover damages for his injuries if someone else's negligence or intentional acts caused the accident.
Who Is At Fault for Pedestrian Vehicle Accidents?
When a driver hits a pedestrian while driving, the fault is determined by which party was negligent. A person who fails to exercise reasonable care under the circumstance may be considered negligent. However, both the driver and the pedestrian may be at fault. For example, a pedestrian who is illegally crossing the street while the driver is speeding will both be at fault.
Some states, the recovery of each party will be limited to the amount of fault that were responsible for. However, in some states if the plaintiff was at fault for any amount, the plaintiff would not be able to recover anything from the defendant.
What Are Some Examples of Pedestrian Vehicle Accidents?
Pedestrian vehicle accidents are where a driver of a car hits a pedestrian either on the road or a sidewalk. Both the driver and pedestrian have legal duties that can effect recovery for injuries caused by a vehicle accident. A driver owes a duty of reasonable care to all pedestrians around him. Common factors in determining driver negligence include:
- disobeying traffic signals
- driving under the influence of drugs or alcohol
- being pre-occupied or inattentive
A pedestrian also must also exercise reasonable care with regard to his or her own safety. Common factors in determining pedestrian negligence include:
- ignoring "walk" signals
- failing to use marked crosswalks
- "darting" in front of vehicles
What Is a Non-Vehicle Pedestrian Accident?
In most states, those in control of property have a duty to keep the property in reasonably safe condition and warn people of hazards on it. This is also known as premises liability. To recover, the injured party must show there was a dangerous condition on the property and the owner or operator had knowledge of the condition. A dangerous condition is one which poses an unreasonable risk of harm and the risk is not an obvious one.
How Can I Avoid Pedestrian Accidents?
The best way to avid pedestrian accidents while driving is understand that pedestrians are usually not visible and always be aware of pedestrians that try to cross the street illegally. Be aware of children and other older adults who are not aware of drivers on the road and pay attention to pedestrians who do not use the crosswalk when entering the street. Always look other both sides of your car when turning and make sure there is not any pedestrians that would not be visible through your side mirrors.
What Should I Do Immediately after a Pedestrian Accidents?
If you hit a pedestrian while driving, its important to do the following:
- Get Medical Help: Contact the police, medical care providers to get any injured person to a place of safety and immediate medicare attention.
- Get Any Injured Person to a Place of Safety: Make sure to take any injured persons to a place of safety such as the sidewalk. Do not attempt to give any type of medical treatement beyond what is required of you
- Exchange Information: Exchange any contact information and insurance information. It is not recommended to discuss who was at fault and liability
Should I Consult an Attorney for a Pedestrian Accident?
If you have been involved in a pedestrian accident it is important to contact a personal injury attorney who can help preserve your case. There may be important steps that you need to take and information you need to know. For example, just because you may have been partially at fault doesn't mean you can't recover. If you have been accused of causing injury to a pedestrian, an attorney can help prepare your defense and minimize your liability.
Consult a Lawyer - Present Your Case Now!
Last Modified: 01-22-2016 12:35 PM PST
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