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Who Is At Fault When A Person Is Hit By A Car?

July 26, 2013 By Joseph Madalon

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SOUTH FLORIDA ROADS HAVE PROVEN TO BE HAZARDOUS FOR BOTH AUTOMOBILES AND THOSE CHOOSING TO WALK

In the early morning hours on July 22, 2013, a pedestrian, unidentified young woman, was struck and killed by an automobile in Lake Worth, Florida. Reports claim that this victim was either kneeling down, or lying on the roadway when she was struck by the oncoming vehicle. At this stage of the investigation, the identity of the victim is being withheld by authorities until the family who survives her can be contacted and notified of the accident. Officials have confirmed that she was twenty-six years old.

The Palm Beach County Sheriff’s Office has released a statement indicating that the victim was hit while situated on the outside of the eastbound lanes on Lake Worth Road. The vehicle that struck and killed the woman was occupied by two people who were able to walk away from the accident without injuries. The numbers of additional facts that surround this horrific event are still limited given that the investigation remains ongoing.

Having a large populated area like we do here in South Florida creates hazardous conditions at times for many pedestrians who use sidewalks, crosswalks and other paths along busy roadways.

UNDERSTANDING PEDESTRIAN ACCIDENTS

Statistics demonstrate how serious of a problem pedestrian involved auto accidents are. On average, a pedestrian is killed just under every two hours, and injured about every ten minutes by automobiles in the United States. When pedestrian accidents occur, investigators need to look to all the parties involved as both pedestrians and motorists are required to follow traffic laws. This fact may be very basic to many; however, it is extremely important when considering liability of the accident. It can never be assumed that the motorist involved in the accident is the at-fault party by default.

WHEN A PEDESTRIAN IS AT FAULT

When a pedestrian fails to use due care when walking along a major road or busy highway, dangerous conditions are created that may contribute to an accident.

Pedestrians can cause auto accidents when they:

• Cross roads without using crosswalks;
• Walk into the street with oncoming traffic coming;
• Fail to use traffic signals dedicated for pedestrian flow
Following all traffic laws as a pedestrian can greatly reduce the chances of being hit by a car.

WHEN A MOTORIST IS AT FAULT

It becomes a little clearer for us to see how a motorist can be liable for an accident involving a pedestrian. These violations of traffic laws are more regularly heard of by us, and include:

• Speeding • DUI • Careless Driving • Running Red Lights / Stop Signs • Failure to Yield to a Pedestrian’s Right-of-Way • Not Using Signal Indicators
As drivers on the road, it is important for us to be mindful of pedestrians who share the roads with us, and being mindful can come easy if we just follow existing traffic laws.

If you are or a loved one has been involved in an accident with, or as, a pedestrian, it is important to speak with an attorney. Injuries can affect us for the rest of lives, and the costs of treated those injuries can become pricey. The pedestrian accident attorneys at Madalon Law will help you find who is liable for your injuries and aggressively fight to recover what is justly owed to you. Contact our Fort Lauderdale offices today and speak to a legal representative for a free consultation.

Filed Under: Car Accident, Pedestrian Accident

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