The National Highway Traffic Safety Association reports that every year nearly 78,000 people are injured and 5,000 people are killed when they are struck by a vehicle. Pedestrian accidents don’t always have to include vehicles. Poorly maintained sidewalks and parking lots as well as construction and other debris are all things that can cause someone who is walking to become injured.
Pedestrian vs Vehicle Accidents
The first challenge in any accident that involves a pedestrian and a vehicle is determining what is known as duty of care. Both drivers and pedestrians must exercise a reasonable amount care and must follow all the laws and rules of the road. In many cases determining who liable for the accident is easy, but when the determination of liability is not as clearly defined then an investigation may be needed to determine liability.
The leading cause of pedestrian accidents involving vehicles is negligence. This can come in many forms including:
- Driver speeding
- Pre-occupied driver
- Failure to yield right of way
- Not following traffic signs
- Not singling while turning
- Driving under the influence
- Inappropriate driving for the weather
Pedestrians can be at fault as well. Common reasons for pedestrian vs car accidents are:
- Pedestrian ignoring road and walk signs
- Pedestrians enter into vehicle traffic
- Failure to use crosswalks
- Pedestrians attempting to run in front of vehicles
Non-Vehicle Pedestrian Accidents
Most non-vehicle pedestrian accidents involve what is known as “premises liability.” This is when the owner, possessor or operator of a piece of property does not properly maintain the property and/or they fail to warn pedestrians of the hazards on the property and a pedestrian is injured due to the lack of maintenance and/or signage.
In order to prove liability in a pedestrian accident involving property you must be able to show that the owner or possessor had knowledge of the situation and failed to act. This could include:
- The owner or possessor of the property creating the condition
- The owner or possessor knew the condition existed and failed to correct it
- The condition has existed long enough that it is reasonable to assume that it should have been detected and corrected
If you have been involved in a pedestrian accident regardless of if it includes a vehicle or property you deserve to have your rights protected. Investigations into these types of accidents can be complex so you would likely benefit from the help of an attorney that is well-versed in pedestrian accident law.
If you would like to speak to such an attorney please contact LA Injury Group, Inc. here on our contact form or call us toll free at 1-888-500-1006.