Tag Archives: Pedestrian Accidents
Pedestrian Accidents
According to the National Highway Traffic Safety Association (NHTSA), nearly 5,000 pedestrian accidents result in fatalities in motor vehicle related accidents, and over 78,000 pedestrians accidents involving a car or truck result in injuries. Pedestrian accidents also occur due to poor property maintenance, sidewalk or parking lot defects, and construction or other types of debris on walkways can contribute to pedestrian accidents.
Pedestrians may recover damages for injuries involving a vehicle or property defect if someone else’s negligence caused or contributed to the accident. Negligence refers to the failure to do (or not do) something that, in a similar situation, a reasonable person would do in order to protect others from foreseeable risks. In pedestrian accidents, the injured person (plaintiff) must prove that the person at fault (defendant) was indeed negligent. The plaintiff must prove that the defendant: owed a legal duty to the plaintiff under the circumstances; failed to fulfill the legal duty through conduct or action ( or failure to act); caused an accident or injury involving the plaintiff; and harmed or injured the plaintiff as a result.
Careful analysis of the facts of each pedestrian accident must be conducted. When a pedestrian accident occurs, one or more party may be legally responsible for the accident depending on the circumstances. Those with potential liability include: the driver of a vehicle that strikes a pedestrian; the person responsible for sidewalk, roadway or parking lot maintenance where the accident occurred; and the pedestrian him or herself.
Drivers who operate automobiles are required to exercise reasonable care under the circumstance. Failure to do so is considered negligence. Some of the most common factures that contribute to driver negligence include: inattentive or pre-occupied driver; failure to observe speed limits; failure to yield to pedestrians at marked cross walks; disobeying traffic signs and/or signals; failure to signal before turning; disregarding weather or traffic conditions; and driving under the influence.
If you or someone you know is injured in a pedestrian accident, it is best to call a personal injure attorney as soon as possible. At Sunne Law, we are experienced in helping injured pedestrians figure out the best way to assess a legal claim. Call us today for a free consultation.
Pedestrian Accidents
According to the National Highway Traffic Safety Administration (NHTSA), 4,432 pedestrians were killed and an estimated 69,000 were injured in traffic accidents in the United States in 2011. This is an increase of 3 percent from 2010. In 2011, pedestrian deaths accounted for 14 percent of all traffic fatalities and 3 percent of all people injured in traffic crashes. On average, one pedestrian will be injured every 8 minutes and one will die every 2 hours in a traffic accident this year. Unfortunately, pedestrian accidents are common on roads and interstates in Georgia and across the United States. The most common places where pedestrian accidents occur include crosswalks, streets, and parking lots.
When a pedestrian in any type of pedestrian accident they have nothing to protect them. Therefore, they are very vulnerable to serious injuries. Pedestrian accidents can include not only being injured by cars, but motorcycles, trucks and even bicycles. Most victims of pedestrian accidents suffer broken bones, severe cuts and lacerations, bleeding and bruising. Injuries that are a result of pedestrian accidents can be severe, debilitating and sometimes permanently life altering. The results of these types of accidents result in significant financial losses to the individuals involved and their families. Although a monetary recovery can never repair the damage that is caused to the victim and their family, it can at lease ease the financial burdens created by pedestrian accidents.
Immediately after a pedestrian accident occurs, the insurance company for the automobile, motorcycle or truck will begin an investigation. Insurance companies have established very specific and elaborate procedures to try to limit the recovery of the injured pedestrian to the lowest possible amount, especially in the early stages of the claim. The insurance company will take recorded statements from the persons involved in the pedestrian accident, interview witnesses, take photographs and obtain the police report pertaining to the pedestrian accident. Typically, the insurance companies try to reach a quick settlement with an injured pedestrian to avoid responsibility for future medical expenses, lost wages and other damages that may develop. In order to avoid this trap and handle the complicated process of a pedestrian accident, a victim of this type of accident should contact a knowledgeable and experienced Atlanta attorney immediately. At Sunne Law, we understand how difficult this can be and are here to help. Contact us today for a free consultation if you are a victim of a pedestrian accident.