Vehicle accidents don't just occur between drivers, but often between a driver and a pedestrian with no protection. That's why everyone should understand the legal perspective on safety concerning pedestrian accidents, which are determined by the level of negligence involved. The legal framework falls under Driver Duty of Care, or special caution around high pedestrian traffic, Driver Breach of Duty, like speeding, Comparative Negligence/shared fault, and criminal charges that states can employ.
Pedestrian accidents spark safety concerns - legal perspective on liability since over 7,314 pedestrians were killed and over 68,000 injured in the United States in 2023, according to the NHTSA. Millions of Americans walk outside their door to work, school, or run a quick errand and can become a random victim of a car's devastating impact.
The pedestrian safety debate has led to the adoption of infrastructure improvements like raised crosswalks that encourage vehicles to slow down and more designated paths for all transport modes. However, liability adjustments in some states, such as Virginia, bar any pedestrian compensation if the pedestrian is as little as 1% at fault.
Gain insight into the variations of liability a pedestrian and/or a driver may have in this situation, and your rights for compensation.
How Pedestrian Accidents Spark Safety Concerns - Legal Perspective on Liability?
2024 pedestrian accident insights report an upward tick in fatalities and injuries; a 68% increase since 2011, according to Smart Growth America. While driver negligence is often the most common reason, a pedestrian can also be liable, and it can affect the likelihood of compensation.
Driver Fault
It's up to the driver to always yield to pedestrians at crosswalks. Therefore, they should exercise special caution, especially in zones with high pedestrian traffic. When it comes to the duty of care, drivers are expected to obey traffic laws, yield at all crosswalks, and maintain a safe speed limit.
Being distracted also continues to be a major factor, particularly when it comes to cell phone usage, as well as being intoxicated.
Those driving larger vehicles should also be more mindful on the road due to the link to a higher likelihood of fatalities when striking a pedestrian.
Pedestrian Negligence
Not being in a car doesn't free one of the responsibilities of practicing traffic safety. Pedestrians should always use crosswalks, as jaywalking increases their liability. Some states may allow some compensation due to comparative negligence rules, and whether the driver was also being reckless.
Pedestrian liability is also affected by ignoring traffic signals or being intoxicated or distracted at the time of the accident. Some common pedestrian distractions include walking while looking down at a cell phone, instead of paying attention to the street and traffic around them.
Shared Fault
Comparative negligence is the official term for shared fault in a pedestrian accident. As a result, it can come with little or no compensation for the injured pedestrian. In addition to jaywalking, common pedestrian faults include walking on restricted road areas or quickly charging into traffic.
For whatever percentage of fault a pedestrian may be found, that is the amount by which the damage compensation will be reduced.
Municipality Issues
A lack of upkeep in towns, cities, and counties can also affect such accidents. Common municipality faults include:
- Poor road maintenance
- Missing or failing signs
- Faded crosswalks and other markings
- Design hazards
What Are Some Pedestrian Safety Measures?
Keep your walking as safe as possible by following a few simple rules. Here they are:
- Follow all signals
- Remain as visible as possible, especially at night
- Avoid distractions like cell phones
- Prepare a safe walking route in advance
- Always use available sidewalks
- Walk facing the traffic
- Only cross at designated areas
How Can One Prove Liability?
Proving liability after a pedestrian crash relies on key evidence from eyewitness statements, dash cam videos, photos, police reports, and physical evidence at the scene. With an experienced personal injury lawyer Paul da Costa, on the case, you'll have someone with decades of experience in winning personal injury cases with high settlements.
Getting legal representation can also greatly increase the likelihood and size of a settlement, as attorneys can handle the gathering of evidence and have access to a team, such as accident reconstruction experts who can help establish right-of-way issues, the speed of the traveling car, and more, to help your case.
Where Does Compensation Come Into Play?
As far as compensation, there are factors such as the pedestrian and the driver's policies, such as uninsured/underinsured motorist coverage and liability insurance. Reasons for compensation include lost wages from work and medical bills, or, in the case of a fatality, family members of the deceased pedestrian may seek wrongful death claims.
Frequently Asked Questions
What Vehicle Kills the Most Pedestrians?
According to 2023 data from the National Highway Traffic Safety Administration (NHTSA), the most common vehicles involved in pedestrian and bicyclist deaths are sedans, Sport Utility Vehicles (SUVs), and pick-ups.
The height of the vehicle also matters. Trucks and SUVs with hood heights greater than 40 inches are about 45% more likely to cause pedestrian fatalities, according to Reuters.
Do Pedestrians Always Legally Have the Right of Way?
No, pedestrians do not always have the right of way because pedestrians must also abide by traffic signals, and not doing so can unnecessarily put them in danger. In general, pedestrians have the right-of-way at marked crosswalks or unmarked crosswalks at intersections without markings.
Pedestrians always have the right of way when a traffic signal indicates a walk signal, and drivers turning in an intersection must yield to pedestrians crossing the street they are turning into.
However, at outside crosswalks and when there's no walk signal, pedestrians no longer have the right of way and must yield to vehicles.
Practice Safe Walking
There's nothing like going for a good walk on a beautiful day to get some fresh air. It's also a great way to keep fewer cars on the road. However, even the most cautious pedestrian can be the victim of a reckless driver or may not think about the potential consequences of jaywalking.
That's why, as pedestrian accidents spark safety concerns, the legal perspective on liability is vital for all to study. That way, drivers and pedestrians can understand their potential roles in causing such accidents, how to prevent them, and the resulting damage and potential fatalities.
This article was prepared by an independent contributor and helps us continue to deliver quality news and information.