According to the NHTSA, over 5000 pedestrians die every year in car accidents, and over 76,000 are injured. These crashes can occur when a pedestrian tries to cross a highway, but thousands of non-automobile related accidents also happen. Defective side walks, shoddy maintenance and debris can be dangerous, so whether someone is injured by a property defect or by a vehicle, injury lawyers can help them recover damages if the accident was due to another person’s negligence.
Establishing Negligence in a Pedestrian Accident
To document negligence in pedestrian injury suits, the plaintiff must prove that the defendant owed them a duty of care, that the duty was breached, that the breach caused the accident, and that the accident caused the injury. Parties can sometimes share responsibility in these accidents; potential liable parties can include drivers, property owners and pedestrians themselves.
Car Accidents Involving Pedestrians
A pedestrian/vehicle accident case typically depends on both parties’ duty of care; both pedestrians and drivers must be reasonably careful while on the road. Negligence can seem clear-cut in many cases, but courts consider a variety of factors in determining fault. A person who drives in a negligent manner may have to pay damages related to their negligent behaviour.
Drivers’ and Pedestrians’ Duty of Care
Vehicle operators must be reasonably careful while driving, and failure to exercise care is equal to negligence. Some common contributing factors are:
*Failure to yield right of way in a cross walk
*Driving under the influence
Children ages 5-9 are at a high risk of being hit by a car because of their small size and unpredictable behaviour. Laws impose a stronger duty of care where children are concerned, and drivers must be more careful when small children are in the area. Pedestrians must also look after their own safety, and the duty of care is proportional to the level of danger. If a pedestrian fails to exercise care, they can be assessed contributory negligence and they may receive a smaller recovery.
If someone is injured in a pedestrian accident, they may not know which steps to take. The statute of limitations means that plaintiffs only have a short time to bring a claim. Injury lawyers with Autoaccidentattorneyhonolulu.com can offer a no-obligation evaluation that will give the victim a better idea of what to do next.
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