Accidents involving pedestrians can be catastrophic for the people involved in the accident and their loved ones. Often, accidents could be avoided if the driver practiced more caution and adhered to the rules of the road. When an accident with a pedestrian occurs, some elements must be considered to determine who is at fault. Understanding the complexities of a car pedestrian accident is crucial for determining fault and liability.
Understanding Pedestrian Accidents
Pedestrian accidents are a type of traffic accident that involves a collision between a pedestrian and a motor vehicle. These accidents can occur on roads, highways, sidewalks, crosswalks, and parking lots. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian accidents are a leading cause of injury and death in the United States.
Definition of a pedestrian accident
A pedestrian accident is defined as a collision between a pedestrian and a motor vehicle, resulting in injury or death to the pedestrian. These accidents can occur in various scenarios, including:
- A pedestrian being struck by a car while crossing the road
- A pedestrian being hit by a car while walking on the sidewalk
- A pedestrian being involved in a car accident while riding a bicycle or scooter
- A pedestrian being struck by a car while walking in a parking lot
Each of these scenarios highlights the vulnerability of pedestrians in areas with vehicle traffic. Whether a pedestrian crosses at a designated crosswalk or is simply walking along the sidewalk, the risk of being hit by a car is ever-present.
Statistics on pedestrian accidents
According to the NHTSA, pedestrian accidents are a significant public health concern. In 2019, there were 6,283 pedestrian fatalities in the United States, accounting for 14% of all traffic fatalities. Additionally, pedestrian accidents result in thousands of injuries each year, with many pedestrians suffering from serious injuries such as head trauma, broken bones, and spinal cord injuries.
These statistics underscore the importance of both drivers and pedestrians exercising caution to prevent such devastating accidents. The high number of fatalities and injuries highlights the need for improved safety measures and awareness.
Responsibility of the Driver in a Pedestrian Accident
Drivers are responsible for practicing reasonable care when behind the wheel. This includes taking care to avoid driving into pedestrians. To properly do this, drivers must obey traffic rules, keep an eye out for pedestrians, and take care not to hit them.
When a driver notices a pedestrian crossing the street at the crosswalk, they must slow down or even stop to ensure the pedestrian is able to cross the road safely. If the driver neglects to exercise reasonable care and runs into the person on foot, they could be considered liable for the accident. This happens most often when the driver is speeding, drinking and driving, or using drugs, texting while driving, or is otherwise distracted.
Responsibility of the Pedestrian: Pedestrian’s Negligence
Pedestrians also shoulder some of the responsibility for their safety. They must exercise reasonable care to avoid an accident. Pedestrian negligence, such as ignoring traffic signals, can significantly contribute to accidents and affect liability. Pedestrians are required to follow traffic laws, to cross at the appropriate place, and to pay attention to their surroundings while walking on or near a road.
Pedestrians who neglect to exercise reasonable care and are hit by an automobile could be found partially or totally responsible for the accident. For instance, if someone who was walking decides to cross the street where there is no designated crosswalk and they are run over, they may be found partially at fault for the accident.
Another instance might be if a pedestrian was distracted by the map on their phone and failed to notice a car coming before stepping in front of it. They might be found partially liable if they were hit by a car.
Comparative Negligence in a California Pedestrian Accident
If the driver and the walker are partially at fault for the accident, this is considered comparative negligence. This means that each party is responsible for the damage they caused. In many cases, both the pedestrian and the driver may share fault, with each party’s percentage of responsibility affecting the compensation awarded. So, if a pedestrian is found to be responsible for 15% of the accident, the driver will be responsible for paying them 85% of the compensation to which they are entitled.
Your pedestrian accident lawyer can shed light on how the percentage of fault for an accident is determined. Reach out to an experienced attorney for guidance on how to approach a pedestrian accident.
Gathering Evidence in Pedestrian Accident Cases
Gathering evidence is a crucial step in building a strong pedestrian accident case. Evidence can help establish liability, prove damages, and support a claim for compensation. Here are some types of evidence that may be relevant in a pedestrian accident case:
Photos or video footage
Photos or video footage of the accident scene can be valuable evidence in a pedestrian accident case. This type of evidence can help establish the circumstances of the accident, including the location, time, and weather conditions. Additionally, photos or video footage can help identify potential witnesses and provide a visual record of the accident scene.
Other types of evidence that may be relevant in a pedestrian accident case include:
- Police reports
- Witness statements
- Medical records
- Expert testimony
- Accident reconstruction reports
It’s essential to gather evidence as soon as possible after a pedestrian accident, as it can be lost or destroyed over time. A pedestrian accident attorney can help gather evidence and build a strong case for compensation. By working with an experienced pedestrian accident attorney, injured pedestrians can ensure that all relevant evidence is collected and preserved, increasing their chances of a successful personal injury lawsuit.
Pedestrian Accidents Can Be Complicated
Determining who is at fault when a pedestrian accident occurs is often a complex matter. It is critical that all aspects of the accident are considered when determining blame. This includes examining the details of car accidents and pedestrian crashes to identify any instances of pedestrian negligence. It is important to have a pedestrian accident attorney to help you navigate the complicated legal process that comes with pursuing compensation after such an accident.
The experienced lawyers at Callahan & Blaine are skilled negotiators but are ready and willing to go to trial if negotiations fail to produce satisfactory results for our clients. Consulting with a personal injury law firm can provide the necessary expertise to navigate these complex cases and maximize compensation. Reach out today for a free consultation by calling (714) 241-4444. We will work tirelessly to help you achieve the goals you have for your lawsuit so that you receive the compensation to which you are entitled.
