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Pedestrian Accidents

PEDESTRIAN ACCIDENTS

Thousands of pedestrians die in car accidents every year. Pedestrian deaths account for 17% of all deaths in car accidents, and pedestrians are disproportionately prone to die or suffer catastrophic injuries if struck by a car, truck, or motorcycle. Pedestrian accidents occur under numerous circumstances, including cases where the driver or the pedestrian fails to exercise reasonable care on public or private roads.

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SOME COMMON CAUSES OF PEDESTRIAN ACCIDENTS INCLUDE:

  • Drivers or pedestrians failing to yield the right of way
  • Speeding drivers
  • Intoxicated drivers or pedestrians
  • Fatigued drivers
  • Distracted driving or walking
  • Reckless crossing
  • Pedestrians not looking both ways before crossing
  • Pedestrians walking into traffic
  • Pedestrians wearing dark clothing
  • Pedestrians working or playing on a road
  • Poor visibility
  • Weather conditions
  • Poor road design
  • Vehicle defects

COMMON INJURIES SUFFERED IN PEDESTRIAN ACCIDENTS INCLUDE:

It’s important to identify the cause of a pedestrian accident so that the responsible party can be held accountable and provide compensation to the injured party.

Common injuries suffered in pedestrian accidents include:

  • Cuts, bruises, and scrapes
  • Internal organ damage
  • Bone fractures
  • Traumatic brain injury
  • Spinal cord injury
  • Amputation/loss of limb
  • Dental injuries
  • Eye injuries, including vision loss
  • Death

Pedestrians lack safety equipment to protect them from the impact of a motor vehicle, resulting in potentially severe injuries.

In terms of fault, either the pedestrian or the vehicle may share a percentage of blame. In some cases, multiple parties may share blame. When this happens, state rules on contributory or comparative negligence determine whether injured victims can recover compensation. In comparative negligence states like Florida, victims can recover if they are 50% or less responsible for the accident.

If you wish to pursue compensation in a pedestrian accident case, you must prove that there are legal grounds to hold the defendant responsible.

In most cases, this means showing:

The defendant had a duty to you. For example, drivers have a duty to obey traffic rules and be reasonably cautious to avoid hitting pedestrians.

The defendant breached the duty. You must show that a driver would have exercised reasonable care when operating their vehicle.

The pedestrian accident occurred as a direct result of the breach of duty.

You were injured as a result of the accident and deserve compensation.

Police reports, witness statements, security camera footage, and other evidence can be used to help you prove your case. An experienced pedestrian accident attorney can help you gather the evidence you need to make your claim.

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