The Pedestrian Accidents attorneys at Madalon Law understand that crossing the street can be a very routine thing to do. Our parents have taught us from the beginning to always check for cars coming. Because looking both ways is so simple to do and we have done it all our lives, a level of carelessness and/or inattention can occur and put someone in harm’s way.
In 2010 (the latest available numbers) there were 70,000 Florida Pedestrian Accidents & injuries and over 4,500 pedestrian accident deaths. The National Highway Transportation Safety Administration (NHTSA) estimates that an average of one pedestrian is killed in an accident every 113 minutes and there is one injured every 8 minutes. The NHSTA statistics do not include bicyclists or pedestrian deaths that occur in parking lots, driveways or other public property.
Even though the majority of pedestrian accidents involve being struck by a car, truck, bus or other types of vehicle, there are also pedestrian accidents that can involve a sidewalk, roadway or other poorly structured or maintained the walking area. These types of cases usually fall under the legal area of premises liability.
Because both the driver and pedestrian must adhere to the laws of the road, financial recovery can greatly hinge on who was being negligent when the accident happened. This may seem obvious to some, but the court looks at many factors when deciding who the negligent party is. In other words, don’t assume that if someone is hit by a car, the driver is automatically at fault. This is why having the right legal representation is important.
People who operate a vehicle must exercise reasonable care under the circumstances. Failing to do this is where negligence comes in. A driver could fail to follow the speed limit, not yield the right of way to people on the crosswalk, disregard traffic signs, not use their turn signal, drive carelessly through bad weather, wet roads, drink and drive or be checking emails and/or texting. Any of these factors are examples driver negligence.
A pedestrian must also exercise reasonable care to avoid an accident. Failure to do this can directly contribute to the cause of the accident and also the injuries suffered. Some examples of pedestrian negligence are when a person enters a stream of traffic, fails to use a marked crosswalk, runs in front of a vehicle or ignores the walk/don’t walk signal at an intersection.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.