Pedestrian Accident Information

An overview of Pedestrian Accidents, including a list an explanation of the common causes of Pedestrian Accidents, an overview of how to determine fault or liability in accidents involving pedestrians, and a guide to the statute of limitations for Pedestrian Accidents.

Understanding Pedestrian Accidents · Causes of Pedestrian Accidents · Determining Fault or Negligence · Statute of Limitations

Understanding Pedestrian Accidents

Pedestrian injuries and fatalities due to driver negligence are the cause of hundreds of traffic related accidents every day in America. According to National Highway Traffic Safety Administration statistics, approximately 5,000 pedestrians die each year in motor vehicle accidents, and more than 78,000 pedestrians suffer injury each year when struck by a car, bus, or truck. Children and the elderly are at the highest risk for becoming victims of a pedestrian accident, and most pedestrian accidents are the result of a run in with a negligent or careless driver. Pedestrian accidents can happen in many locations, including parking lots, driveways, crosswalks, and sidewalks. Many pedestrian accidents result in serious injuries, such as fractures, spinal cord injuries, and brain injuries.

Although the most common type of pedestrian accident is a vehicle-pedestrian accident, non-vehicular pedestrian accidents can also occur. These accidents may be caused by defects in sidewalks or parking lots, inadequate property maintenance, construction-related accidents, or harmful debris or materials on public walkways.

Causes of Pedestrian Accidents

A pedestrian accident may be caused by any of the following factors:

Driver failing to stop for pedestrians in a crosswalk Driver failing to stop before turning right at a red light Driver running red lights Driver exceeding the speed limit Driver failing to slow down in a construction zone Driver talking on a cell phone Driver opening a vehicle door in front of oncoming joggers or pedestrians Driver operating a motor vehicle under the influence of alcohol or drugs Motor vehicle leaving the roadway and mounting the sidewalk or shoulder Speeding police and emergency vehicles Malfunctioning equipment on motor vehicles causing brake failure, loss of steering control, or tire blowouts Debris from construction site falling onto street Defective sidewalks or walkways

Determining Fault or Negligence

Determining fault in a pedestrian accident is a complicated process. Drivers, pedestrians, and property owners each have a responsibility to protect personal safety by observing crosswalks, traffic controls, oncoming traffic, and premises safety. Generally, the motor vehicle driver in a pedestrian accident is accountable for doing everything in his or her power to avoid hitting the pedestrian. However, in other cases, the city can be held liable for poorly marked intersections, chaotic traffic flow, and obstructions to visibility. Property owners can be liable for unkempt premises. Parents of children who dart into traffic and pedestrians who fail to recognize crosswalks and other traffic regulations may also be held liable, depending upon the circumstances. The pedestrian may recover damages if it can be proven that someone else's negligence caused or contributed to the incident. Discussing your case with an experienced pedestrian accident attorney is the best way to assess fault in your case and protect any potential legal claim you may have.

Statute of Limitations

In many cases a pedestrian accident lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Statutes of limitation vary by state and by cause of action. In pedestrian accident cases, the cause of action could be personal injury, wrongful death, or premises liability, among others. Failure to bring a lawsuit or take the required legal action within the time limit may eliminate your right to recover compensation for the injuries and damages sustained as a result of a pedestrian accident. In order to ensure that the statute of limitations on your pedestrian accident case does expire, you should contact a pedestrian accident attorney as soon as possible following the accident.



All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Legal Help · Pedestrian Accidents · Vehicle Accidents


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Thursday, May 23, 2013
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