Every year approximately 5,000 pedestrians are killed as a result of auto accidents in the United States. These accidents also result in tens of thousands more injuries. Two percent of those injured or killed in traffic accidents annually are pedestrians. In addition, non-vehicular incidents account for pedestrian accidents as well. Even though pedestrian fatalities in recent years have dropped pedestrian safety is still a problem.
Common causes of pedestrian accidents
- A pedestrian walks/runs into the roadway and is struck by an oncoming vehicle.
- A motorist does not see the pedestrian in time to stop.
- A motorist runs a red light at an intersection.
- A pedestrian is struck while getting out of a parked vehicle.
- A pedestrian is struck by a car moving in reverse or turning a corner.
Some less common types of pedestrian accidents include a driverless vehicle incidents or someone who is struck by fallen cargo. Environmental hazards and dangerous pavement can also cause pedestrian accidents. However, the most common cause of pedestrian accidents is human negligence (usually a driver’s negligence).
Common factors involved in pedestrian accidents
- Area type: Pedestrian accidents occur more frequently in urban areas.Location type – Most pedestrian accidents occur at non-intersections.
- Speeding: Excessive speed is a contributing factor in approximately 30 percent of all pedestrian accidents.
- Alcohol Impairment: Alcohol is involved in nearly one-third of all pedestrian accidents.
Establishing Fault
Circumstances vary from case to case. Fault rests with the liable party. This may be a motorist who strikes the pedestrian, the party responsible for maintaining the area where the accident occurred, an auto manufacturer, or the pedestrian him/herself. If another party’s wrongdoing or negligence caused the pedestrian accident, the insured party may be able to seek compensation for losses and suffering. This is true even if the injured party was partially at fault for the accident.
What should you do after a Pedestrian Accident?
The most important action to take is to call the police to file a report. Do not leave the scene of the accident unless medically necessary. Gather as much information as possible including the names of all parties involved and witnesses. If possible take photos of the scene and of all injuries sustained. Because these types of accidents and injuries are complex it is important to protect your rights. You should strongly consider contacting a personal injury attorney experienced in pedestrian accidents before entering into negotiations with an at-fault driver or an insurance company.
Legal Rights
You have the right to pursue a claim to recover damages if you have suffered injury due to someone else’s negligence or wrongdoing. To preserve your rights it is very important to consult early with a personal injury attorney .
Every pedestrian accident is subject to a statute of limitations, this places a limit on the time you have to file. Please contact the Law Office of Barry J. Simon for a free consultation to understand your rights and preserve your legal claim to recover damages.