Pedestrian Vehicle Accidents

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Pedestrian accidents are particularly traumatic and devastating, and often cause serious injury or death.  Each year nearly 100,000 pedestrians are wounded and nearly 5,000 pedestrians die in motor vehicle related accidents when hit by a car or truck. Children and the elderly are among the most vulnerable.   Pedestrians include not only walkers, but also bicyclists, skaters, etc.

Driver's Responsibilities

People who operate motor vehicles must do so with reasonable care under the circumstances.  Failure to do so will constitute negligence and can result in liability.  Some common instances related to driver negligence include drivers: 

Additionally, since children are especially vulnerable in driving accidents, the law demands that drivers exercise a greater duty of care when it comes to children.  Schools and residential zones are areas where drivers must exercise a heightened degree of care.

Driver's Defenses

A pedestrian must also exercise reasonable care for his or her own well-being.  The amount of care exercised by the pedestrian must be proportionate to the circumstance of the situation they are in, including any foreseeable dangers and consequences.  Failure to exercise such care can lead to a defense of contributory or comparative negligence, which can mitigate or eliminate any damages owed to the pedestrian.

Some common factors raised in contributory and comparative negligence defenses include: 

Do I Need an Attorney to Sue for Damages?

Sometimes it can be very difficult to win a vehicle injury case.  An experienced personal injury attorney can help you prepare your case and represent you in court.

Consult a Lawyer - Present Your Case Now!
Last Modified: 09-14-2012 02:51 PM PDT

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