Pedestrian Accident Claims
Pedestrian Accident Claims
If you or a loved one has been in a pedestrian accident, you should seek immediate medical attention and the information of the at-fault driver’s insurance company. Many pedestrian accidents involve severe injuries, and it is important that you consult with a personal injury attorney. Below is a brief summary of the key aspects of a successful claim. If you have questions, feel free to contact me to discuss your case. I will be happy to answer your questions and help you determine if you have a case.
Distracted driving
Studies have shown that 80% of car accidents and 65% of near-crashes involve a driver looking away from the road for at least two seconds. Even two seconds away from the road doubles the driver’s chance of having an accident, as the driver is likely to be distracted by something other than driving. Cognitive distractions, on the other hand, cause the driver to lose focus on the road, such as using a cell phone. Car accidents involving pedestrians can cause serious injuries, as pedestrians are vulnerable to collisions with vehicles.
Pedestrian deaths are among the most common types of auto accidents, and they can be caused by a variety of different factors. Drivers are less likely to notice pedestrians when they’re distracted by texting, eating, listening to music, or even reading a newspaper. In addition to distracted driving, drivers should pay attention to school signs and pedestrians crossing the road. In 2018, over 400 pedestrians were killed by distracted drivers, including 77 bicyclists.
As a result of these statistics, the National Highway Traffic Safety Administration (NHTSA) has launched several campaigns to promote awareness about distracted driving. Despite these efforts, statistics don’t indicate an immediate fix to this growing problem. Despite the varying statistics, it’s still worth examining the causes of distracted driving. The following list highlights a few of the most common causes. While distracted driving is the leading cause of pedestrian accidents in the United States, there’s no single cause for these crashes.
According to a study by the Virginia Tech Transportation Institute (VTTI) and the NHTSA, 80% of car crashes and 65% of near-crashes involved a driver’s inattention within three seconds. While talking on a cell phone is the most common distraction, other activities that cause distracted driving are equally dangerous, such as reaching for a moving object. The results are disturbing. The dangers of distracted driving are a serious public health issue.
Distracted driving is responsible for approximately a quarter of fatal crashes among drivers. Younger drivers are also at greater risk of becoming distracted. However, the research shows that drivers with passengers are much less likely to become distracted and cause an accident. Even those who survive the crash are less likely to publicly blame themselves as the cause of the collision, due to fears of civil lawsuits and criminal charges. And as long as we’re all vigilant, we can help to reduce distracted driving-related deaths and injuries.
Poor visibility
Pedestrian accidents can occur for many reasons, including a driver’s inability to see the pedestrian. The fact is that visibility is extremely low in most parts of the country, particularly between the hours of dusk and dawn. Aside from the fact that visibility is so poor in the dark, bad weather can also obstruct visibility. Furthermore, windshield wipers may not be enough to ensure the pedestrian’s visibility.
Nighttime conditions also increase the risk of pedestrian and bicycle crashes. In fact, the majority of these accidents occur at night. In addition, three-fourths of pedestrian fatalities occur on highways. This is because streetlights do not provide adequate illumination to pedestrians, and motorists are not expecting so many pedestrians during this time. As a result, pedestrians are often unaware of their surroundings and may fail to make eye contact with drivers.
Drivers must adjust to driving in the dark and must account for reduced visibility. Even when headlights are used, there is still limited visibility. Depending on the circumstances, high-beam visibility is 500 feet, while standard-beam visibility is only 250 feet. Drivers should also avoid distractions while driving and should always use their low beam headlights. These are just a few steps that can increase the risk of pedestrian accidents and other serious crashes.
Drivers need to increase their peripheral vision to detect pedestrians. The problem with visibility is that the image of the pedestrian becomes smaller as the distance between them and the driver’s eyes narrows. This distance can cause a driver to miss the pedestrian. In addition to the lack of peripheral vision, the driver’s attention will be focused on the roadway ahead. The resulting collisions often result in fatalities. In these cases, drivers will have no way to avoid the collision, which can be prevented by improving visibility.
Impaired drivers may also contribute to the occurrence of pedestrian accidents. Drivers who are impaired are prone to making bad decisions, affecting their reaction time, judgment, and ability to assess the walking conditions. This can result in the pedestrian being hit by a car and suffering life-threatening injuries. The most common reasons for pedestrian traffic accidents include impaired driving, bad weather, left turns, and driver error. If the conditions of the roadway are poor, it is difficult for pedestrians to see clearly.
Failure to yield to pedestrians in marked (or unmarked) crosswalks
A pedestrian accident can result when a driver fails to yield to them in a marked (or unmarked) crosswalk. The law requires drivers to yield to pedestrians in these situations. Drivers should also yield when entering a roadway from a non-roadway. Drivers who run a yield sign at an intersection are automatically liable for an accident.
Despite the fact that drivers must yield to pedestrians at marked and unmarked crosswalks, many fail to yield to pedestrians. When drivers fail to yield, pedestrians are likely to sustain serious injuries and even fatalities. In addition, malfunctioning crosswalk signals can also cause a pedestrian accident. Accidents caused by this negligence are highly likely to result in a civil lawsuit for the injured pedestrian.
In most states, drivers must stop for pedestrians in a marked or unmarked crosswalk. In New Jersey, this means pedestrians must be on the same half of the road as vehicles. They should also be no closer than ten feet away from the vehicle. However, in Louisiana and Georgia, drivers must yield to pedestrians only if they are on their half of the road and are not in the middle of the roadway.
While drivers may be confused about the meaning of a crosswalk, they have a duty to yield to pedestrians. A crosswalk is defined as a road that is a crosswalk when an intersection is designated as a crosswalk. Pedestrians cannot cross in the immediate path of an oncoming car. They should also wait for cars to pass through the intersection before walking.
Maryland’s law requires drivers to yield to pedestrians at crosswalks. This is especially important in urban and rural areas, where pedestrian accidents are frequent and high. In such situations, pedestrians have special rights and protections. By ensuring a pedestrian is safe and legally crossing a roadway, a driver can avoid paying a high-priced settlement.
Negligence on behalf of the defendant
When a plaintiff files a lawsuit for a pedestrian accident, the attorney will often argue that the driver of the motor vehicle was negligent. As a general rule, drivers must exercise caution in areas where pedestrians may be present. The violation must be a substantial factor in the plaintiff’s harm. Additionally, the defendant must have reasonable knowledge of the pedestrian’s presence in order to avoid injuring it.
If the pedestrian has a partial fault, he or she may not be eligible for compensation. In this case, the pedestrian must show that the defendant driver was aware of the pedestrian’s presence and should have avoided colliding with them. If the pedestrian does not have a medical history, the attorney may need to meet with the treating doctor to remember the details of the accident. If the defendant has any medical records indicating that the pedestrian was wearing certain types of clothing, the attorney should make sure the doctor consulted with the pedestrian will be able to recall the details.
If the plaintiff’s negligence contributes to the accident, the attorney will present evidence to support the plaintiff’s negligence claim. Usually, plaintiffs cannot recover a full settlement if the defendant is partially at fault. But if the plaintiff has a small percentage of fault, the plaintiff will be denied compensation or their damages will be reduced according to her level of fault. This is a common defense for negligence claims.
The attorney should know the laws regarding pedestrian rights. The plaintiff must be able to prove that the defendant had a reasonable expectation of a pedestrian’s presence on a road without a crosswalk. Moreover, the defendant must be aware of the pedestrian’s presence. The plaintiff’s claim for negligence may be successful if his or her lawyer has a thorough understanding of the accident site. However, a pedestrian can still be injured if the defendant’s negligence was not sufficiently considered.
If the pedestrian was at fault, the plaintiff may be able to recover compensation for damages. The compensation may cover medical bills, lost wages, and pain and suffering. In addition, a pedestrian can sue for a driver’s negligence if it was careless or reckless. Negligence on behalf of the defendant in a pedestrian accident may extend to the defendant’s actions, including failing to follow safety regulations.
