Car accidents with pedestrians are unfortunately quite common. Since car accidents often result in serious injuries or property damage, the person responsible for causing the accident may face both civil and criminal liability.
Civil Liability: A pedestrian who has been hit by a driver of a motor vehicle has the right to sue the driver for damages or injuries that result from the accident. The damages involved in a civil liability claim may include:
Criminal Liability: The state also has the right to prosecute a driver of a vehicle who has hit a pedestrian if the driver of the vehicle broke any law such as speeding, driving under the influence (DUI), or hit and run. Criminal liability penalties extends to fines, suspension of drivers license, and imprisonment.
Drivers involved in an accident with a pedestrian should immediately do the following:
The best way to avoid pedestrian accidents is to be able to always be aware of oncoming pedestrians, bicyclists, wheelchair operators that enter a street. Pedestrians are less aware of drivers in the streets and drivers usually are not aware of the blind spots that include pedestrians.
Even if a pedestrian is not following the law, drivers should always be aware to remember that pedestrians have more of a chance of being seriously injured than a driver of a motor vehicle and do not have sufficient time to move out of the path of a driver.
If you have been involved in a car accident with a pedestrian, you may need to contact an attorney to ensure that your rights are protected. An attorney can represent your best interests for personal injury claims or insurance issues. If criminal charges are brought, you should immediately contact a criminal law attorney to develop a defense for your case.
Last Modified: 12-23-2016 09:33 AM PSTLaw Library Disclaimer
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