COMMON CAUSES OF PEDESTRIAN ACCIDENTS

Pedestrians are particularly vulnerable when drivers of automobiles are not paying attention or following traffic laws. We encourage you to review our tips for avoiding pedestrian accidents, especially if you tend to walk in areas with busy roads.

Auto-pedestrian accidents are frequently caused by:

• Distracted driving (including texting while driving)
• Driving while intoxicated
• Drivers running traffic or stop lights
• Drivers not slowing down as they approach marked crosswalks
• Drivers not slowing down or signaling as they prepare to turn
• Drivers excessively speeding or driving recklessly

UNDERSTANDING LIABILITY IN PEDESTRIAN ACCIDENT CASES

Many people incorrectly assume that pedestrians always have the right-of-way, meaning they have the “right” to cross the street whenever they choose. The truth is a bit more complicated, and laws vary by state. Some states afford pedestrians right-of-way in a wide range of scenarios, while others only grant pedestrian right-of-way at marked crosswalks.

Generally, if a pedestrian crosses the street on a marked crosswalk (including crosswalks at traffic signals where a “walk now” sign is lit), they have the right-of-way. This means cars must stop and give pedestrians the opportunity to cross.

But what about in other situations? Again, it depends. In many states, pedestrians are expected to use sidewalks and crossover bridges whenever possible. Drivers must always do everything they can to avoid hitting pedestrians, even if pedestrians are “jaywalking” and crossing the street somewhere other than a marked crosswalk. A driver can avoid a pedestrian by maneuvering their vehicle away from them, attempting to stomp, honking their horn, or a combination of these strategies. A pedestrian is never permitted to race out into the road without giving approaching vehicles adequate time to stop.

If a pedestrian does not follow one of their state’s rules, they could be found partially or completely liable for a resulting accident. Our pedestrian accident attorneys can help you understand how your state’s laws apply to the liability in your case.

WHAT CAN I RECOVER IN A PEDESTRIAN ACCIDENT LAWSUIT?

If you suffered injuries in a pedestrian accident, you may be able to obtain monetary and non-monetary compensation from a negligent driver. This is especially important if you suffered catastrophic injuries that inevitably come with ongoing medical expenses and an inability to work. However, you must take legal action before your state’s statute of limitations expires. The clock starts ticking as soon as an accident occurs, so discuss your case with a legal professional right away.

Our pedestrian accident lawyers will make every effort to get you compensation for all damages including:

• Past, current, and future medical bills
• Property damage
• Disfigurement
• Loss of enjoyment of life
• Lost wages and reduced earning capacity
• Pain and suffering
• Loss of consortium

You may be wondering if it is worth considering a lawsuit if you did not have the right-of-way as a pedestrian at the time of the collision. The answer depends on your state’s laws concerning partial fault. Some states allow personal injury victims to recover some compensation even if they are partially responsible for the accident, while others bar victims from getting anything if they are even 1% to blame. In states that use comparative negligence systems, any damage award will be reduced by what the court decides is your share of the responsibility. For example, a pedestrian who dashed across the road and was hit by a distracted driver may be assigned 30% of the fault. A damage award of $100,000 would be reduced by 30%, so the injured pedestrian would still get $70,000.

Our team at Potts Law Firm is prepared to advocate for you in situations where you may be partially liable for a pedestrian accident. We will proactively prepare for the defense’s arguments and seek to maximize what you recover.

TIPS TO AVOID PEDESTRIAN ACCIDENTS

Our tips for avoiding auto-pedestrian accidents include:

• Be predictable: Follow the rules of the road and obey signs and signals.
• Walk on sidewalks whenever available: If there is no sidewalk, walk facing traffic and as far from traffic as possible.
• Always keep alert: Do not be distracted by electronic devices that take your eyes (and ears) off the road.
• Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians: Look for cars in all directions, including those turning left or right.
• If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic: Wait for a gap in traffic that allows enough time to cross safely and continue watching for traffic as you cross.
• Never assume a driver sees you: Make eye contact with drivers as they approach to make sure you are seen.
• Always be visible: Wear bright clothing during the day and wear reflective materials or use a flashlight at night.
• Watch for cars: Be alert and always watch for cars entering or exiting driveways or backing up in parking lots.