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 or 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"):
When a pedestrian is injured, there may be more than one party with legal responsibility for the accident. Depending on the circumstances, potential liable parties include:
Usually, pedestrian-vehicle accident cases hinge on the duty of care owed by those involved. Both drivers and pedestrians must follow the rules of the road and exercise reasonable care. In many cases, it may seem obvious who was negligent, but the courts look at numerous factors in applying the facts to the negligence elements. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.
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:
Driver's Special Duty of Care to Children
Children between the ages of 5 and 9 are at the greatest risk of being hit by a vehicle. Children are smaller and less visible and they can be unpredictable. The law imposes a higher duty of care on drivers when it comes to children. The presence of children is a warning of danger to the driver to exercise greater care. Thus, a driver must exercise a greater degree of care when they know or should know that small children are at play in the area; for example, while driving by schools, parks, and residential areas.
Pedestrian's Duty of Care
A pedestrian must exercise reasonable care for his or her own safety. The care required must be proportionate to the danger to be avoided and reasonably anticipated consequences. Contributory negligence may be assessed against a pedestrian if they failed to exercise such care and contributed to the cause of their own injuries.
A few of the most common factors contributing to pedestrian negligence are:
The legal area of premises liability controls claims for losses based on the actions of property owners or possessors, including most non-vehicular related pedestrian accidents. In most states, those in control of land have a duty to maintain their property and a duty to warn people of hazards on it.
To recover damages in a premises liability case, the injured party must prove a dangerous condition exists; that is something on the property that presents an unreasonable risk to people on it, and the risk isn’t obvious. Knowledge of the dangerous condition is established by showing that:
While a property owner will be responsible when a dangerous condition exists on his or her private walkways, such an owner isn’t usually responsible for injuries resulting from a fall on a public sidewalk located outside his or her property, especially when this property is owned and maintained by a city or town. However, some courts will impose liability on a business owner when business customers exclusively use the public sidewalk.
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:
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 contact an experienced motor vehicle accident attorney near you.
