PEDESTRIAN ACCIDENT

The National Highway Traffic Safety Association ( NHTSA ) reports that each year nearly 5,000 pedestrians die in motor vehicle-related accidents, and approximately 76,000 pedestrians in 2012 suffered injuries when hit by a car
or truck. These accidents can occur when pedestrians attempt to cross highways. In addition to pedestrian-vehicle incidents, thousands of non-vehicular pedestrian accidents also occur annually. Poor maintenance, sidewalk/ parking lot defects, and construction or other debris on walkways can also cause these accidents.

 

Whether injured by a vehicle or property defect, a pedestrian may recover damages for the injuries suffered if someone else's negligence caused or contributed to the incident. Negligence is the failure to do (or not do) something that a reasonable person in a similar situation would, to protect others from foreseeable risks. To establish negligence in a pedestrian accident, the injured person (the "plaintiff") must prove that the person at fault (the "defendant"):

Driver's Duty of Care

Generally, drivers must exercise reasonable care under the circumstances. Failure to do so is considered negligence. A few of the most common factors contributing to driver negligence are:

  • Distracted driving

  • Speeding

  • Failing to yield the right of way to pedestrians at crosswalks

  • Disobeying traffic signs or signals

  • Failing to signal while turning

  • Disregarding weather or traffic conditions

  • Driving under the influence of drugs or alcohol

If You’re Involved in a Pedestrian Accident

People who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence caused the accident. If you’ve been involved in a pedestrian accident, you should do the following:

  • Call the police immediately

  • Don't leave the scene of the accident before help arrives

  • Gather names and phone numbers of any witnesses

  • Don't make any statements to anyone, including drivers, and insurers

If you or someone you love has been injured in a pedestrian accident, you may be wondering what to do next. Because of statutes of limitation, you only have a set amount of time to bring a claim for your injuries. Get started today and don't think twice, BANK ON HEIST. 843-732-8141