Pedestrian dangers
Pedestrian accidents are unfortunately common occurrences that can have severe consequences for individuals and their families. In the chaotic mix of vehicles, pedestrians, and various modes of transportation, accidents can happen, resulting in injuries that range from minor to catastrophic. According to the National Highway Traffic Safety Administration (NHTSA), over 6,000 pedestrians were killed in traffic accidents in the United States in 2021. This number represents a 12% increase from 2020. Victims need to be aware of potential dangers and how to navigate the legal landscape of pedestrian accidents.
Examples of pedestrian accidents
Pedestrian accidents can occur in various situations, and they often result from a combination of factors involving both pedestrians and drivers. Common examples of pedestrian accidents include:
Crosswalk incidents
- Drivers not yielding the right of way to pedestrians in crosswalks.
- Pedestrians jaywalking by crossing the street outside designated crosswalks.
Intersection collisions:
- Pedestrians crossing the street when the traffic signal is red.
- Drivers making right turns without checking for pedestrians in the crosswalk.
Distracted walking or driving:
- Pedestrians distracted by smartphones or other devices while crossing the road.
- Drivers distracted by texting or other activities, leading to failure to notice pedestrians.
Speeding:
- Drivers exceeding speed limits may have reduced reaction time to pedestrians.
- Pedestrians may misjudge the speed of approaching vehicles.
Driving under the influence (DUI):
- Impaired drivers may have reduced awareness and coordination, increasing the risk of hitting pedestrians.
Poor visibility:
- Low visibility due to inadequate street lighting or adverse weather conditions.
- Pedestrians wearing dark clothing at night may be less visible to drivers.
Reckless driving:
- Aggressive driving behaviors, such as tailgating or sudden lane changes, can lead to pedestrian accidents.
Backing accidents:
- Drivers backing out of driveways or parking spaces without checking for pedestrians.
- Drivers may not see pedestrians walking behind vehicles.
School zones and playgrounds:
- Drivers not adhering to reduced speed limits in school zones or near playgrounds.
- Children running into the street without looking for oncoming traffic.
Public transportation stops:
- Pedestrians crossing streets to reach public transportation stops without using crosswalks.
- Vehicles not stopping properly at bus stops, putting pedestrians at risk.
Understanding pedestrian rights
Pedestrians have rights on the road, and drivers have a responsibility to yield to them in designated areas such as crosswalks. However, asserting these rights can be challenging when accidents occur. In many cases, pedestrians may find themselves facing an uphill battle when seeking compensation for their injuries. It is crucial for individuals to be aware of their rights and understand the legal avenues available to them. Pedestrian accidents can have serious consequences, including:
- Injuries: Pedestrians are more likely to be seriously injured or killed in a traffic accident than occupants of vehicles.
- Medical expenses: Pedestrian accident victims often face high medical expenses due to their injuries.
Lost wages: Pedestrian accident victims may be unable to work due to their injuries, which can lead to lost wages and financial hardship.
Establishing liability
Determining liability is a key aspect of any personal injury case, and pedestrian accidents are no exception. Liability often hinges on the concept of negligence, where one party’s failure to exercise reasonable care leads to harm to another. Drivers are typically held t a high standard of care, especially in areas where pedestrians are likely to be present, such as crosswalks and intersections.
Evidence plays a crucial role in establishing liability. This may include eyewitness accounts, surveillance footage, and accident reconstruction analyses. Gathering this evidence promptly is essential, as memories fade, and the scene of the accident may change over time.
Comparative negligence
Pennsylvania follows a modified comparative negligence rule, also known as modified contributory negligence, for pedestrian accidents. This means that a pedestrian who is injured in an accident can still recover damages even if they were partially at fault for the accident, as long as their negligence is less than 51%. Pedestrians If the pedestrian’s negligence is found to be 51% or more, they will be barred from recovering any damages.
Here’s how modified comparative negligence works in Pennsylvania pedestrian accidents:
- Determination of Fault: The court will determine the percentage of fault attributable to each party involved in the accident. This includes the pedestrian, the driver, and any other parties who may have contributed to the accident.
- Reduction of Damages: If the pedestrian is found to be less than 51% at fault, their damages will be reduced by the percentage of fault attributed to them. For example, if a pedestrian is awarded $100,000 in damages, but is found to be 20% at fault, their damages would be reduced to $80,000.
- Barring of Recovery: Pedestrians found to be 51% or more at fault means that they will not receive any compensation for their injuries, even if the driver or other parties were also negligent.
Insurance coverage
Insurance coverage is a critical factor in pedestrian accident cases. Liability insurance may not be sufficient to fully compensate the injured pedestrian. In such cases, the pedestrian’s own insurance policies, such as underinsured or uninsured motorist coverage, may come into play. Explore available sources of compensation by understanding the nuances of insurance coverage.
Statute of limitations
Time is of the essence in personal injury cases, including those involving pedestrian accidents. In Pennsylvania, the statute of limitations for a pedestrian accident is two years. This means that a victim has two years from the date of the accident to file a lawsuit against the negligent driver to avoid possible dismissal.
Therefore, it is imperative for individuals to consult with a personal injury attorney promptly after a pedestrian accident to ensure that legal proceedings are initiated within the prescribed timeframe.
Seeking legal representation
Navigating the legal complexities of a pedestrian accident case can be daunting, especially for individuals dealing with the physical and emotional toll of their injuries. Seeking the guidance of an experienced personal injury attorney can make a significant difference. A skilled attorney, like Amil Minora Law can assess the merits of the case, negotiate with insurance companies, and, if necessary, advocate for the pedestrian’s rights in court.
Pedestrian accidents are life-altering events that demand careful consideration of legal options. Understanding pedestrian rights, establishing liability, considering comparative negligence, exploring insurance coverage, and adhering to the statute of limitations are all crucial aspects of pursuing a successful personal injury claim. By seeking legal representation and staying informed, individuals can navigate the legal landscape of pedestrian accidents with confidence. Victims and their lawyers will work towards fair compensation for their injuries and holding responsible parties accountable.