Pedestrian Accident – How Dangerous?
Pedestrian accidents are those accidents that occur between a car and a pedestrian. When a car collides with a pedestrian in a car accident, the consequences are usually very grave or severe especially for the pedestrian involved in the accident. The National Highway Traffic Safety Association (NHTSA) places the number of pedestrians that die each year in accidents at an average of about 5,000 people. Most times, such accidents occur at the point in time where the pedestrian wants to cross the highway.
Apart from car accidents involving pedestrians, other accidents that are non-vehicular could occur due to defects from properties which could arise as a result of improper maintenance of properties, structural flaws, defects on the sidewalks or parking lot. Such accidents could be so dangerous and could lead to grave health consequences such as death and injuries, either minor or major. As such, drivers are expected to exercise an amount of reasonable care in all their vehicular movements.
Pedestrian Accidents and the Rule of Negligence
In any car accident involving a pedestrian, there’s always a conclusion by a lot of people, both those that were witnesses and those that weren’t even close to the site of the accident that the fault is on the driver of the vehicle. While it may not always be so, from cases handled as a Pedestrian Accident Attorney in Los Angeles and San Fernando Valley California, it is expected that all drivers should be able to show reasonable care. Failure to do so is called negligence. And, if negligence of a driver results in an accident with a pedestrian, they could be sued for damages and compensation claim for whatever harm that may have befallen the pedestrian.
Negligence can also arise from flouting of traffic rules by the driver, being intoxicated and under the influence of alcohol or drugs, or tired and sleepy and yet, still decided to drive under such conditions. Proving a case of negligence in the law court, the injured person who is known as the plaintiff must be able to demonstrate that the party at fault, known as the defendant;
Causes of Pedestrian Accidents
- Owed the plaintiff the legal duty to exercise care
- Breached that duty from a fault of his or hers
- Caused the plaintiff an accident
- Caused bodily harm to the plaintiff as a result of the accident
Accidents involving pedestrians are usually risky and severe. As an experienced Pedestrian Accident Attorney in Los Angeles and San Fernando Valley California,
the causes of these accidents could be as a result of;
Possible Injuries That Could Be Sustained In A Pedestrian Accident
- Negligence on the part of the driver
- Negligence on the part of the pedestrian
- Drunk driving
- Abuse of drugs
- Distractions on the part of the driver especially from the use of mobile phones while driving
- Flouting of traffic rules and regulations
- Failure to allow pedestrians the right of way at crosswalks
- Over speeding
Since accidents involving a vehicle user and pedestrians are usually grave, it is very likely that most pedestrians could die at the spot especially on highways where the speed is usually over the limit. If a pedestrian is lucky to survive, the injuries to him or her are usually very severe, such injuries could include;
- Broken bones and joints which may possibly lead to an amputation.
- Head injuries and nasty cuts
- Bruises on the body
- Spinal cord injuries
- Brain concussions which could lead to short term memory loss or permanent memory loss
It is therefore pertinent to note that the injuries involved in pedestrian accidents are way too severe; and almost, a one way thing, with the pedestrian suffering most of the injuries and the driver of the vehicle taking most of the blame for the accident. Therefore, both parties should ensure that they show reasonable care and avoid negligence of duty.
Categories Of Damages In A Pedestrian Accident
Damages refer to the compensation that is meant to be paid to a person involved in a personal injury lawsuit and which, in this case, is the pedestrian. Even though whatever money to be paid cannot equate the suffering, and the pain and possible attendant disabilities, which may happen to the pedestrian as a result of the accident, the compensation can go a long way to provide reprieve to the pedestrian, foot medical bills and provide a sort of help to him and family members.
Compensation for damages can come in multiple categories such as;
- Medical Expenses
- Loss of wages over the period of the accident and post-accident period (recuperation)
- Pain and suffering resulting from injuries
- Loss of enjoyment of life
While the compensation for medical expenses and loss of wages could be straight forward and easily decided, that of pain and suffering and loss of enjoyment of life are not as straightforward as the former duo. The compensation claim for those two is up to the jury to decide and that is where the Pedestrian Accident Attorney in Los Angeles and San Fernando Valley, California
could be of immense help in presenting your case in a way that would ensure that all appropriate damages are paid to you.
Pedestrian Accident And The Rule Of Comparative Negligence
Vehicle accidents involving pedestrians could result as a fault of the driver, or the fault of the pedestrian or as a fault of the duo. Majority of states in the USA apply the rule of comparative negligence in deciding who is at fault in a case of a pedestrian accident. This rule comes in when the pedestrian in question is said to share a fault in the accident. For example, if a pedestrian while crossing the road was texting and is hit by a drunk driver, the rule of comparative negligence could apply. The courts may require the driver to pay a percentage of the compensation for damages, and the pedestrian to foot the rest.
Filing For Claims In A Pedestrian Accident
For a pedestrian involved in an accident, it could be very hard to file for damages and undergo all court proceedings alone as a result of damages sustained. That is why you need the help of seasoned lawyers. A PedestrianAccident Attorney in Los Angeles and San Fernando Valley California
is capable of helping you deal with your court proceedings while you continue to recuperate on your sick bed.
For all your pedestrian accident related matters, the Leventhal Law Group, P.C offers free and no obligation consultation with a qualified attorney. Call 818-347-5800 for a free consultation today!