Pedestrians who suffered severe injuries from accidents can file an auto accident case against the driver, holding them responsible for the injuries that they sustained.
Drivers are obligated to drive safely, especially avoiding running over pedestrians, as stipulated by law. The law serves as an advocate to victims, giving them the opportunity to recover from damages.
Compensation for damages can be recovered by filing injury lawsuits against the liable party. This may include hospital bills, medical expenses, lost income, emotional distress, pain and suffering, and other damages. Oftentimes, these lawsuits are needed becomes drivers tend to deny legal responsibility and their insurance providers may underestimate the extent of injuries so that they don’t have to pay the right amount of compensation.
The most common violations committed by pedestrians:
- Passing a vehicle intended for pedestrians.
According to vehicle code, each state stipulates that each vehicle should halt at each crosswalk or at an intersection. This is to provide the pedestrians an opportunity to cross the street safely.
- The driver has the duty to sound the horn, regardless of the circumstance.
Majority of the state laws mandate drivers that they should press the horn in order to give pedestrians a heads up if there is an incoming vehicle. A driver is deemed negligent if he/she fails to blow the horn when there is a pedestrian nearby.
- Driver chooses the wrong side of the road.
When the motorist chooses the wrong side of the road, the pedestrian will be inclined to any accidents regardless of being vigilant or not.
- The driver moves from a stopped position and the pedestrian suffers a severe injury as a result.
The motorist is prohibited by law to move forward or backward from the cars stopped position until any imminent risk of running over a pedestrian is not present. The common causes of most pedestrian accidents are caused by the driver’s movement from a stopped position.
Even in certain areas where a driver is legally allowed to travel without speed limit, the driver still has the responsibility to make sure that the vehicle would be able to stop or avoid causing an injury to anyone.
Conversely, a motorist does not need to move at a very slow rate or to stop many times to look out for pedestrians (except in school zones).
- Motor vehicle makes a turn at an intersection.
The motor vehicle driver bears the responsibility of warning the pedestrians in crosswalks that they are approaching them. This can be done by using a horn.
- Vehicles parked wrongly.
Drivers who park wrongly have been one of the contributing factors of the accidents sustained by pedestrians. The pedestrian has the ability to file a case
A pedestrian may be able to maintain an action against a parked vehicle under a number of circumstances such as the circumstance of a wrongly parked vehicle inhibiting the pedestrian’s ability to foresee an incoming vehicle, thus resulting in an accident or if the car is parked on the sidewalk that the pedestrian has no choice but to risk himself by walking through the busy streets.
- Vision impairment of the driver.
There are a lot of factors why the driver’s vision became impaired. These can include eyesight problems such as night blindness, nearsightedness or astigmatism. Another factor is the changing weather, which can cause misting of the car windshield. As valid as these circumstances may present, this does not absolve the drivers from their liability caused to pedestrians. Drivers bear the responsibility to get eye screening and checkups. They also need to be vigilant of the weather and may opt to drive slowly if vision becomes impaired.
If the driver cannot foresee if there is an incoming pedestrian on the crosswalk, it is the driver’s responsibility to exercise caution and reduce the speed of the car.
When a Pedestrian Crosses Outside a Crosswalk
When a pedestrian does not use the crosswalk when crossing the street, he or she should give the right-of-way to a vehicle driver, even though the vehicle driver still has a duty of care to the pedestrian, since the right-of-way is still conditional. A motorist must still pay attention to pedestrians, regardless if the pedestrian is in a pedestrian lane.
A vehicle driver can be held liable for hitting a pedestrian walking outside the crosswalk if:
- the vehicle driver did not spot the pedestrian outside of the crosswalk when a driver being usually prudent would have spotted the pedestrian.
- the driver is well aware that the site of the accident, even if the crosswalk is unmarked, is one regularly used by people for that purpose.