Automobile accidents involving pedestrians often have devastating consequences that can result in serious injury or death. Individuals who are most often the victims of pedestrian accidents are people who are over age 75 and children between the ages of 5 and 9. The fault can lie with the driver or the victim, or sometimes, both parties may share responsibility for the event.
Many accidents occur due to driver negligence such as disregarding traffic signals and walkways, cell phone use and other distractions, and impairment from alcohol and drugs. However, in some cases, the victim either shares the burden with the driver or is solely responsible for the occurrence. Running out in the middle of a busy street where there is no crosswalk or ignoring a traffic signal that displays “don’t walk” are examples of possible pedestrian liability.
A driver may assert that he or she is not liable if a child suddenly ran in the path of the vehicle and was struck, but that driver may be culpable if it can be shown that reasonable duty of care was breached. If the car was being driven in an area that typically has a higher number of children, such as in a residential neighborhood, near a park or in a school zone, the driver may have a responsibility to maintain a sharper degree of awareness when operating a vehicle through the area.
If a person is struck by a vehicle while walking, and driver negligence can be shown, he or she may be able to file a liability suit with the assistance of a personal injury lawyer. The victim may be eligible to receive compensation for losses that include medical bills, lost income and other damages if the suit is successful.