Across the United States, pedestrian accidents are becoming an increasing cause for concern. With thousands of lives lost and tens of thousands more injured each year, it’s clear that greater awareness and action are urgently needed.
This article is designed to help individuals understand what pedestrian accidents involve and what steps to take if they are ever affected by one.
The place of negligence in pedestrian accidents
Generally, a pedestrian accident can happen when pedestrians are trying to use a highway or move from one part of their local streets to another. “Several factors contribute to these accidents, including road defects, poorly maintained parking lots, and ongoing road and bridge construction,” says Jimmy Fasig of Fasig | Brooks Law Offices. However, regardless of the cause, one major thing that is needed to prove pedestrian accidents is to establish negligence.
Negligence here means that the victim must demonstrate that the at-fault party owed a duty of care. Then, they must go on to prove that there was a failure to either do or not do what is expected of them based on the care duty owed. Additionally, victims must establish a direct link between the negligence of the at-fault party and the resulting accident.
Finally, victims must show that they suffered injuries that have left them incapacitated, prevented them from living and leading their normal lives, or required them to undergo medical treatment. Negligence can be a three-way traffic involving the driver, whoever is responsible for maintaining the road or place, and the pedestrian involved.
Key elements of pedestrian accidents
Many roads have rules that govern their use, and it is expected that all road users, including drivers and pedestrians, should comply fully with these rules. While several instances make it easy to identify the at-fault party, the court may sometimes be required to assess other key elements.
- The care duty expected of the driver
- The special care duty that is owed to children, especially younger ones.
- The care duty expected of pedestrians
Additionally, when discussing elements of pedestrian accidents, particularly concerning negligence, it is essential to understand the distinction between contributory and comparative negligence.
Contributory negligence occurs when the victim is seen or proven to have contributed in any way to the injury they suffered. In certain instances when this happens, it may be difficult for such victims to recover damages, even when the contributory act is minimal. Comparative negligence, on the other hand, is based on the percentage of fault. For instance, where the at-fault party is deemed to be approximately 75 percent negligent, the victim may be allowed to recover damages of up to 75 percent.
How to effectively handle pedestrian accidents when involved in one
Many times, accidents are unforeseen circumstances that you do not see coming until they happen. As such, many people are often left in shock and confusion as to the next course of action. However, it is vital to know that people are always looking to escape liability they are legally responsible for in an accident. As such, it is important that you act as fast as you can by:
- Establishing contact with the police as soon as possible
- Stay at the accident scene till help comes, and try getting the details of witnesses
- Do not talk to anyone until the police arrive
- In the event of an injury, seek immediate medical attention.
Conclusion
From handling medical bills to dealing with insurance companies, there are always a lot of hurdles to cross after being involved in a pedestrian accident. Laws are in place to protect your rights as a victim, and if you’re unsure of what steps to take, consulting an experienced accident attorney can help guide you and ensure your interests are protected.