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Pedestrian Injury

Pedestrian injury can occur in a number of ways.  Attempts to cross a road or highway, being a passenger in a motor vehicle, or even walking on a sidewalk or parking lot can cause these injuries.  On average there are 5,000 deaths annually from pedestrian injuries.

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If you are injured by a vehicle as a pedestrian or a property defect you may be entitled to recover damages for the injuries you suffered as a result of the liable parties negligence.  Negligence hinders around a definition of "the failure to do something (or not do) that a reasonable person in a similar situation would do to protect others from risk."  There are certain requirements to establish negligence in a pedestrian injury.  The plaintiff (Person who hit you) must have adhered to the following;

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  • Caused the accident or injury to you

  • The plaintiff (Person who hurt you) owes you a legal duty under the circumstances

  • The plaintiff (Person who hurt you) failed to fulfill that legal duty through action or inaction

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What does this mean?  This means that if the person responsible did not take appropriate steps to make sure prevent your injury there is negligence and they can be held liable.

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When a pedestrian is injured there may be more than one person who will be held liable for the injuries.  Depending on what may have happened the following can be considered a liable party;

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  • The driver of the vehicle who injured you

  • Parties involved for maintaining the sidewalk, parking lot etc

  • You as the pedestrian 

Pedestrian Vehicle Injury

It may seem like a clear cut case but there are numerous factors that go into determining who was at fault for the injury.  Drivers have general responsibilities and duties of care when operating a motor vehicle.  If these duties are not followed it may lead to negligence.  The following are few instances of negligence:

 

  • Texting while driving

  • Speeding

  • Failure to yield right of way at a stop walk

  • Failure to signal

  • Driving under the influence or drugs

  • Disregard of weather conditions on the road

Other Forms of Pedestrian Accidents

In a majority of states property owners are required to maintain their property and warn of any potential hazards.  By not doing as such this may cause injuries to pedestrians.  In order to recover damages there must be proof that a dangerous condition exists, there is something on the property which creates an unreasonable risk, and the risk isn't obvious.  Knowledge of the condition is established by the following:

 

  • Owner created condition

  • The owner knew of the condition and did not fix it

  • The condition existed for so long the owner should have found it and fixed it

What To Do If You Are Involved 

In order to protect your self during a pedestrian, you should do the following.

  • Call the police

  • Do not leave until help arrives

  • Get information of any witnesses 

  • Do not make statements to insurance companies or drivers

 

And most importantly call Victor "The Lawyer" immediately for a consultation.

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