Pedestrian Accidents

What Causes Pedestrian Accidents?

 

Liability in a Pedestrian Accident Lawsuit

 

Can a Pedestrian Be at Fault?

 

Pedestrian Accidents resulting in death had the largest ever annual increase in the year 2020. The Governors Highway Safety Association (GHSA) projected that there was a 21% increase due to the higher fatality rate and the decrease in vehicle miles traveled. This means there were fewer cars on the roads but the number of pedestrian deaths was higher.

 

 

What Causes Pedestrian Accidents?

 

Speeding:

Speeding introduces so many increased risk factors for pedestrians. The driver will have less time to see you and they will not be able to stop as quickly. In harsh weather conditions, the visibility and time to stop are ten times worse.

 

Texting While Driving /Distracted Driving:

It is very easy to become distracted while driving. There are so many ways to become distracted nowadays. Everyone must make an effort to pay more attention to their surroundings and act as safely as possible in any given situation.

 

Drunk Driving:

Though it is illegal to drink and drive, it still happens and pedestrians must be alert to the possibility. Especially if you are walking at night around popular nightlife venues.

 

Disobeying Traffic Signs:

If someone runs a red light or doesn’t come to a complete stop at a stop sign it becomes very dangerous for pedestrians in the area.

 

Reckless/Careless Driving:

If you combine any of these causes it becomes reckless/careless driving. For example, if someone is speeding at night while drinking, swerving, and disobeying street signs it becomes very reckless. Liability will easily fall upon the driver.

 

 

Liability in a Pedestrian Accident Lawsuit

 

The injured pedestrian must show the following to prove liability to the driver.

• A duty of care was owed to the pedestrian
• The duty of care was breached because of negligence
• The injury was caused by the negligence of the driver

Everyone who operates a motor vehicle has a duty of care to those around them. They owe it to them to be aware and generally be safe on the roads.

 

 

Can a Pedestrian Be at Fault?

 

The driver’s insurance company will try to find ways to show pedestrian liability. Usually, it is not completely the pedestrian’s fault if at all.

California is a comparative fault state, which means liability can be divided between all parties involved. The percentage of liability placed on that party is the same percentage that will be removed from the amount of damages awarded.