Car Accident:

Pedestrian Accidents

Driver negligence leads to thousands of pedestrian injuries and fatalities every year throughout the United States. Pedestrian accidents can occur in parking lots, driveways, crosswalks, and sidewalks. In many cases, the pedestrian victim suffers severe auto accident injuries, which can include brain injuries, spinal cord injuries, internal injuries, and fractures. Children and the elderly have the greatest risk of becoming victims of a pedestrian accident.

Causes of Pedestrian Accidents

Pedestrian accidents can occur under any of the following circumstances:

 

  • Driver failing to stop for pedestrians in a crosswalk
  • Driver failing to come to a full stop before turning right at a red light
  • Driver opening a vehicle door in front of oncoming joggers or pedestrians
  • Motor vehicle leaving the roadway and driving on the sidewalk or shoulder
  • Equipment defects on motor vehicles causing brake failure or tire blowouts
  • Driver passing a school bus when children are disembarking from the bus

Motor vehicle drivers have an obligation to do everything in their power to avoid hitting a pedestrian. In the event of an accident, an injured pedestrian may recover damages if it can be proven that the driver's negligence caused the incident. If the accident resulted in the death of the pedestrian, the victim's family members may be able to file a wrongful death suit and receive compensation.

Pedestrians also have a duty to exercise reasonable care for their own well being. When pedestrians fail to do so, the driver may be able to use a defense of contributory or comparative negligence. Defenses in a pedestrian accident case can be used if the pedestrian crossed the street on a red light, failed to cross the street in the crosswalk, or rushed out in front of a moving vehicle.

Pedestrian Accident Lawsuit

In many cases a pedestrian accident lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Statutes of limitation vary by state, but failure to take the required legal action before the time limit expires may prevent the pedestrian accident victim from recovering compensation. If you or a loved one was injured in a pedestrian accident, an auto accident attorney can determine who was at fault for the accident and ensure that your rights are protected.

 

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Auto Accident: Types of Motor Vehicle Accidents