Every year thousands of individuals are involved in motor vehicle accidents. In some cases pedestrians have contributed to their injuries but many of these accidents involve issues of motorist liability.
Causes of pedestrian accidents.
Generally a motor accident attorney, representing pedestrian would look at the causative factors that caused the accident including: –
Drivers ignoring crosswalksPedestrian not using crosswalksPassing a school busDistracted driversJaywalkingIntoxicationInattentionVehicle repairs on a highway
Responsibility of motorist.
Every motorist who is driving has the duty to hold reasonable care for other motorists and pedestrians that includes not speeding or being cognizant of pedestrians particularly in residential and urban areas.
Duty of care
Motorists used to hold a heightened duty of care in residential areas where there are schools and children are easily found. No doubt there are speed limits but still drivers need to anticipate more care as children may suddenly appear from between the cars or run out into the roadway. Small kids aren’t expected to exercise the same care as an adult or necessarily watch out for their safety.
Based on standard perception and reaction time, if driver isn’t distracted a car traveling at 20 miles per hour needs 23 feet to come to halt.
Freeway pedestrian accidents
The pedestrian should never walk on the freeways. By running across or even standing on the freeway, they may be ignoring the care that ought to be taken by a prudent pedestrian.
If a vehicle break down in the middle of the road and needs assistance and the driver is now pedestrian and if an inattentive driver strike in, the driver is likely to be considered negligent. However in case of unlit roadway or narrow lanes, there is municipal liability for defective design or maintenance.
If the accident occurs in a rural or narrow road, the pedestrian is required to exercise ordinary care, otherwise he will be contributory liable by not passing the vehicle as far as possible to the side or not noticing the passing traffic. A personal injury lawyer will come into practice here as he will decide whether the pedestrian has contributory liability and determine how other parties may be at fault.
When the pedestrians are insured and incur damages, they can sue the negligent party for compensation. But in case pedestrians are injured by insured motorists, they will be forced to directly sue the motorist directly and hope party has sufficient sizeable assets.
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