Moody Law

A Professional Association

Important Info - Pedestrian Accidents Overview

February 23, 2010 @ 02:57 PM — by Michele Wallace
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According to the National Highway Traffic Safety Association or NHTSA, at least 5,000 pedestrians are killed in accidents that involve motor vehicles.  About 78,000 pedestrians are injured in accidents that involve motor vehicles. 

 

Along with that, there are also pedestrian accidents that do not involve a motor vehicle.  These mishaps are caused by not maintaining the property, defects in sidewalks and construction or debris lefts on sidewalks and walkways where pedestrians walk.

 

When pedestrian accidents happen due to a vehicle or property, the pedestrian may go after the owner for damages.  These damages would represent the injuries that they suffered while they were walking and the other party caused it.  The pedestrian must prove that the other person was at fault for injuring them. 

 

The other party owes a duty to the injured party.  They should also see that the legal duty is fulfilled, using action.  The defendant caused the accident and injury to the plaintiff and they may have been temporarily incapacitated as a result.

 

With pedestrian accidents, the case will be analyzed and the facts will be checked.  There may also be additional parties to this accident.  The responsibility can fall on the following:  the driver that hit the pedestrian, the owner of the defective sidewalk or walkway where the pedestrian had the accident, and the pedestrian.  Just because there was a pedestrian accident does not mean that the pedestrian may not be at fault. 

 

Pedestrian negligence may have been involved.  It entails those who go against the walk signal, whose who walk in traffic and make the vehicles stop when they have the right of way, those who do not use crosswalks that are marked and those who would abruptly run in front of a moving vehicle.  All of those are very dangerous actions. 

 

It is the pedestrian’s responsibility to be careful when they are walking across the street in an intersection.  They have to be responsible enough to know that they don’t walk against the light if it’s not meant for them to cross.  They should wait until they are given the green light to cross the street.  They bring danger upon themselves if they do not obey the laws of the road.  They can be charged with contributory negligence because they did it on their own free will and failed to use caution when crossing.

 

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