According to the National Highways Traffic Safety Administration, over 4,500 pedestrians and 700 bicyclists are killed in accidents each year, and an estimated 66,000 pedestrians and 48,000 bicyclists are injured in accidents. As with all forms of getting around, there are risks involved with walking, but benefits such as staying active, saving money and helping the environment make them beneficial. Although it is the driver’s legal responsibility to watch for pedestrians and always remain in control of their vehicle, that responsibility isn’t always upheld.
Typical causes for pedestrian injuries include:
- Careless or distracted driving while turning
- Alcohol use (DUI)
- Texting or Using a Cell Phone while driving
Receiving Compensation From Responsible Parties
If someone else’s negligence contributed to or caused an accident, the pedestrian may be able to recover damages of any injuries suffered. But laws are complex, and victims are often blamed by insurance companies looking to minimize their damages.
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More than one party can be found at fault for the injury, which can include the pedestrian himself or herself, the driver of the vehicle and the agency or person responsible for maintaining the road, sidewalk or parking lot. Negligence is determined after considering the following factors:
Driver’s Duty of Care
Factors such as if the driver was speeding, failed to signal a turn, was distracted while driving such as driving while texting or using a cell phone, driving under the influence, failed to yield the right of way to the pedestrian are considered.
Age of Pedestrian
Drivers must take special care in residential areas, schools, and parks where children are at play.
Pedestrian Duty of Care
A pedestrian could be charged with contributory negligence if he or she ignores the walk signal, quickly walks in front of the vehicles, disrupts traffic flow or doesn’t use the crosswalk.
Location and Conditions
Weather and visibility, and location such as a school zone, commercial or industrial area or residential area are all factors that may be considered in determining liability.
States, homeowners, and business owners have a duty to warn people of hazards and to maintain roads and walking areas for safety. A pedestrian can recover damages in a premises liability case when a vehicle is not involved. A property owner may have to pay damages if it is proven that he or she created the condition, if the conditions lasted long enough for it to be remedied or if the owner was aware of the issue and did not fix it.
Kuzyk Law is a dedicated Antelope Valley law firm with over 40 years of experience serving our community. We serve Palmdale, Lancaster, Little Rock, Pearblossom, Lake Los Angeles, Quartz Hill, Bakersfield, San Bernardino, Los Angeles and all surrounding communities. We evaluate pedestrian accidents immediately to find all possible ways to protect an injured individual. Our experienced team investigates all areas of pedestrian injury cases to make sure that the livelihood of the victim and their loved ones are completely taken care of.
Time is of the essence with these complex cases; take an important step towards returning to your normal life and getting the payments you deserve. Call now for a free consultation.