Take a stroll down the streets, and the chances are high that you’ll run into other people enjoying the weather their city has to offer.
However, although walking is a basic way to get around, it can come with risks.
When pedestrians are involved in motor vehicle accidents, the motor vehicle usually wins. Damages can be astronomical and knowing your rights as an injured pedestrian is crucial.
Key Takeaways:
- Pedestrian accidents are common and can be caused by various factors.
- Leading causes include speeding, poor visibility, failure to yield, distracted driving, road construction, vehicles making turns, multi-lane roads, and impatient drivers.
- Though pedestrians often to have the right of way in crosswalks and at intersections, this right of way does not always make the vehicle’s driver entirely at fault.
- Both drivers and pedestrians have a responsibility to follow traffic rules.
- Determining liability in an accident can be complex and may involve multiple parties.
- If you’re injured in a pedestrian accident, you should seek medical attention and legal advice.
- A pedestrian accident attorney can help you gather evidence, determine liability, negotiate with insurance companies, pursue legal action, and provide legal counsel.
Common Causes of Pedestrian Accidents: What You Need to Know
While there are many things that you can do to keep yourself safe, sadly, not every accident is within your control. Human and outside forces play a role in why accidents happen. If you recently experienced a pedestrian accident, learning about the causes of these incidents can provide insight into your accident and aid in your next steps. Common causes of pedestrian accidents include
Speeding
Speeding is a common and dangerous driving behavior that is consistently identified as one of the leading causes of traffic fatalities in the United States.
As a pedestrian, you should:
- Be careful on busy roads.
- Don’t cross the road if a driver is coming, they might not stop.
- Check for cars before crossing.
- Only cross in designated crossings.
- Avoid distractions such as your phone that may prevent you from observing an oncoming vehicle.
Poor Visibility
Not all pedestrian accidents occur due to reckless behavior. Limited visibility can create challenges for drivers in spotting road hazards.
Factors that may affect visibility include:
- Weather, including rain or fog
- Blind curves
- Lack of lighting
- Physical items blocking the driver’s view, including trees, buildings, and parked cars
Avoid trafficked areas as a pedestrian during periods of low visibility. Check the weather or the area, and if you choose to go out, wear bright colors, choose safe routes, and use extra caution. By doing so, you can help prevent a pedestrian accident.
Failure to Yield the Right of Way
Failure to yield the right of way is an issue in traffic safety. In many jurisdictions, drivers are required to yield to pedestrians in or stopped at crosswalks, including unmarked crosswalks at intersections. Accidents can happen when a driver runs a red light or fails to check for pedestrians while turning onto another street.
Never assume that a driver will see you and yield to your right of way. Pedestrians should always exercise caution. When waiting at a crosswalk, be observant of approaching vehicles. If you notice a driver approaching, it’s advisable to wait until the vehicle comes to a complete stop before entering the roadway. This practice promotes safety and helps prevent potential accidents.
Distracted Driving
According to the Centers for Disease Control and Prevention (CDC), approximately eight people die daily as a result of distracted driving. Distracted driving refers to any activity that diverts a driver’s attention away from the road.
These activities include
- Talking or texting on the phone
- Looking back at or talking to passengers in the vehicle
- Adjusting the radio
Unfortunately, these distractions can make driver behavior very unpredictable. Signs of a distracted driver include sudden braking or acceleration, swerving, and other reckless behavior.
Road Construction
Many people are very familiar with the inconveniences that come with road construction. What many people may not realize is that road construction can force pedestrians to walk in areas where drivers do not expect them to be.
Vehicles Making Left Turns
Pedestrians should exercise caution when crossing a crosswalk, as drivers may not always pay attention to the signals and may be focused on navigating busy intersections. Many accidents with pedestrians occur because a turning driver was focused on the traffic for the roadway they were on rather than checking for pedestrians crossing the roadway they are turning to.
Multi-Lane Roads
Multi-lane roads can represent a danger to pedestrians. Drivers have to deal with other drivers changing lanes, speeding, making unsafe lane changes or tailgating. For the most part, drivers are not making a point of looking out for pedestrians or even focusing on traffic signals.
Impatient Drivers
If a pedestrian doesn’t see your vehicle and starts crossing the street against the light, that pedestrian still has the right of way. Impatient drivers who don’t look out for pedestrians or try to drive around pedestrians walking in crosswalks cause many pedestrian accidents.
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Determining Liability in Pedestrian Accidents
In many places, pedestrians get the green light, so to speak, when they’re in marked crosswalks or at special pedestrian crossings. If a driver ignores that and doesn’t yield to a pedestrian, they could be on the hook for the accident.
Traffic signals are like the referees of the road. Pedestrians are supposed to follow the “walk” and “don’t walk” signals, and drivers need to pay attention to traffic lights and stop signs. If someone ignores these signals, it can affect who’s to blame for the accident.
And then there’s just the basic rule-following stuff. Everyone—drivers and pedestrians alike—is expected to play by the rules. If someone doesn’t, it can factor into deciding who’s at fault in a pedestrian accident.
It’s worth mentioning that fault doesn’t always fall squarely on one person. Sometimes, both the pedestrian and the driver share some blame based on what they did or didn’t do. For example, if a pedestrian darts across the street out of the blue and a speeding driver doesn’t react quickly enough, both might share some responsibility, which can affect the proportion of damages the pedestrian will be able to recover.
So, when it comes to sorting out who’s responsible for a pedestrian accident, we’re talking about looking at things like pedestrian right-of-way, following traffic signals, and sticking to the rules of the road. It’s about figuring out a fair deal for everyone involved.
What You Should Do After a Pedestrian Accident
You’ve been through a traumatic experience, and the days since your pedestrian accident might feel like a blur. You might be dealing with physical pain, emotional shock, and the uncertainty of what comes next. But amidst the confusion, there are steps you can take to prioritize your well-being and protect your future.
Even if you feel like you’re “okay,” consider a precautionary trip to the doctor. Some injuries take time to manifest, and getting checked out ensures you receive any necessary treatment promptly. Now, let’s talk about securing your rights and future financial stability. While the details of your accident are important, don’t feel pressured to relive it right now. Focus on the present steps:
- Gather crucial information. If you’re able, exchange contact and insurance details with the driver involved and any witnesses. Take pictures of the accident scene, any visible injuries, and vehicle damage. These details will be vital if you choose to pursue a legal claim. Do not rely on a law enforcement officer to document this information for you!
- File an accident report. Whether the police were present or not, filing a report documents the incident officially. Contact your local police station if needed.
- Connect with expert legal aid. Don’t try to navigate the legal system alone. A dedicated pedestrian accident lawyer can guide you through every step, ensuring your rights are protected and you receive the compensation you deserve.
Pedestrian Rights in Accidents and Their Options
When pedestrians get hurt in accidents, they’re not left to deal with it on their own. They have rights that let them seek compensation for all the tough stuff they go through. This compensation can cover things like medical expenses, the pain and stress they’re feeling, wages they might have lost because they can’t work, and other stuff that’s just hard to deal with after an accident.
With that being said, talking to an experienced pedestrian accident lawyer may be a smart move. They help injured pedestrians figure out their rights and fight for compensation for things like:
Medical Bills:
Hospitals and treatments can get expensive, and getting compensation for those costs is a way to make sure injured parties can get the care they need. Automobile insurance companies love to argue that your treatment was unnecessary or unrelated to your accident, and an attorney can push back against these arguments.
Pain and Suffering:
This is about more than just physical pain—it’s the emotional toll too. Getting compensation for what you went through is a way of saying, “Hey, we get that this was really hard on you.”
Lost Wages:
If someone can’t work because of their injuries, they shouldn’t have to worry about money on top of everything else. Compensation for lost wages helps ease that burden.
Dealing with the legal side of things can be confusing, especially when you’re going through a tough time. That’s where skilled personal injury lawyer come in. They know the ins and outs of the law and can help injured parties understand their rights and get the compensation they deserve.
The Role of Pedestrian Accident Attorneys in Pedestrian Accident Cases
Pedestrian accidents can lead to complex legal situations. Personal injury attorneys who understand the intricacies of these cases can provide valuable assistance.
They can help you with things like:
- Gathering Evidence: Pedestrian accident attorneys understand the importance of solid evidence in building a strong case. They can assist you in gathering and documenting crucial evidence related to the accident. This may include witness statements, surveillance footage, accident reports, and medical records.
- Determining Liability: Identifying who is at fault in a pedestrian accident is a critical aspect of the legal process. Personal injury attorneys delve into the details of the incident, examining factors like pedestrian right-of-way, traffic signals, and adherence to traffic rules. Their skills allow them to assess the liability of the parties involved and build a compelling case on your behalf.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging. Pedestrian accident attorneys have experience negotiating with insurance adjusters to ensure that you receive compensation for your injuries and losses.
- Pursuing Legal Action: In some cases, pursuing legal action may be necessary to obtain the compensation you deserve. Pedestrian accident attorneys guide you through the legal proceedings, including filing a lawsuit if negotiations with the responsible parties or insurance companies aren’t fruitful. They represent your interests in court and work towards achieving a favorable resolution.
- Providing Legal Counsel: Throughout the entire process, pedestrian accident attorneys serve as trusted advisors, offering legal counsel and guidance. They explain your rights, help you understand the legal implications of your case, and provide realistic expectations. This support is essential for making informed decisions about your legal options.
Contact a Pedestrian Accident Lawyer at Berry Law
Pedestrian Accident Lawyer, John S. Berry
If a pedestrian accident injured you or a loved one, you deserve a reasonable settlement. Severe injuries can leave a permanent mark on your life and affect your family and friends. Fight for what you deserve.
At Berry Law, we fight for our clients. We understand how complicated this process is and strive to provide a comfortable and supportive environment. If you ever have questions, our personal injury attorneys are ready to help. To learn more about your rights after a pedestrian accident, contact Berry Law today.
