Pedestrian Accident Dangers
Many pedestrian accidents occur when the driver of the motor vehicle is negligent and fails to respect the rights of the pedestrian to share the road. When this occurs and a pedestrian is injured or killed in the resulting accident, then the pedestrian or surviving family members may be entitled to compensation.
An injured pedestrian can file a personal injury lawsuit, or family members may file a wrongful death suit. The case may also be settled outside of court through negotiation with the insurance company. Compensation can include pain and suffering, medical costs, lost income, and emotional distress damages.
Pedestrian accidents occur for many reasons. Common causes of pedestrian crashes include:
- Drivers who are distracted and who fail to pay attention to pedestrians
- Drivers who are drunk and who do not see or stop for pedestrians, or who veer onto sidewalks and crosswalks
- Drivers who are texting or talking on their cell phones
- Drivers who are drowsy or fatigued and who fall asleep or fail to pay attention at the wheel
- Drivers who are speeding and who lose control of their vehicles
- Pedestrians who cross at areas other than a designated crosswalk
- Pedestrians who cross against the traffic signal
- Drivers who fail to stop at stop signs and obey traffic signals
- Slow-moving hybrid or electric vehicles that are silent and pedestrians are not able to detect
A Driver’s Duty of Care to Pedestrians
Drivers have a special responsibility to be aware of their surroundings, paying particular attention to people walking, biking, jogging or moving in any way on or around the roads. Safe driving involves being on guard against sudden obstacles and reacting appropriately to provide the necessary caution in such cases — which could eliminate a large number of accidents. Walkers and bikers have to do their part to keep from causing dangerous situations as well, but drivers have a duty of care every time they get behind the wheel.
In personal injury law, these responsibilities are known as a driver’s “duty of reasonable care.” A duty of reasonable care means that a driver is held to the standards of driving that an average careful driver would have in the same circumstances. A reasonably cautious driver would be aware of his or her surroundings, be in complete control of the vehicle and would drive according to the speed limits and posted signage.
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However, a driver also has a responsibility to react. Even if he or she is following all the traffic laws at the time, there is an added charge that the driver should use extreme caution around pedestrians or bikers. For example, if a driver sees a biker swerving on the side of the road or having difficulty controlling the bike, he should slow down even more than the appropriate speed limit to accommodate the potential danger, should the biker fall off or veer into traffic.
Pedestrian’s Duty of Care
Although in most cases, the pedestrian is the injured party in a car-pedestrian collision, a pedestrian can also be at fault for the accident. Walkers, bikers and runners have responsibilities to use precautions and exercise care while sharing the roads with cars — a responsibility that helps keep them safe.
Pedestrians should obey street signs, including walk and don’t walk areas, and always cross the street at the crosswalks. Early-morning and late-night joggers and bikers should wear bright clothing that reflects light to make themselves more visible to drivers who may have poor visibility. While all of these rules may seem like common sense, not following them can create dangerous situations that put pedestrians at risk for injury or death.
Far too often, walkers or bikers who were hit by cars do not come forward because they think they may not have a case. At Levine Law, Jordan Levine represents pedestrians who have been injured in car collisions. To discuss your case, contact a Denver personal injury lawyer today.
