Did you know that 74% of vehicle crashes involving pedestrians occur without traffic control?
Pedestrian accidents are unfortunately common occurrences. It often leads to severe injuries or even fatalities. This is due to the vulnerability of pedestrians compared to motor vehicle occupants.
When accidents happen, knowing who is liable is crucial. This will determine who handles compensating the injured party.
This article aims to shed light on pedestrian accident liability and legal principles. We will also look and safety tips to prevent accidents from happening. Keep reading to learn more.
What Is Pedestrian Accident Liability?
This refers to the legal responsibility of a party for causing a pedestrian accident. In most cases, the party at fault will be held liable for any damages caused by the accident. These damages may include:
- Physical injuries
- Property damage
- Emotional distress
- Lost wages
- Medical expenses
The liable party may be the driver of a motor vehicle or the pedestrian. It can even be a third party such as the city responsible for maintaining safe road conditions.
Legal Principles
When determining liability in pedestrian accidents, certain legal principles are considered. These include:
Negligence
Negligence is the most common legal concept used to establish liability in accidents. It refers to failure to take reasonable care or precautions that resulted in an accident. In pedestrian accidents, this could mean:
- Distracted driving
- Speeding
- Failure to yield the right of way
- Running a red light or stop sign
- Jaywalking
- Not following traffic signals
Comparative Fault
In some cases, both parties may be at fault for an accident. You can use the concept of comparative negligence in these situations. This means that each party will be liable for the percentage of fault they contributed to the accident.
For example, if a pedestrian is found to be 20% at fault for an accident and the driver is 80% at fault. The pedestrian may receive only 80% of their total damages.
Vicarious Liability
In some cases, employers can also be liable for pedestrian accidents caused by their employees. This applies when the employee was acting within the scope of their employment at the time of the accident.
It’s important to note that these legal principles may vary depending on your state or country. Consulting with a personal injury lawyer can help you understand these principles.
To help you with this, check out the Sweet Lawyers. They have years of experience in handling pedestrian accident cases. They can provide you with expert legal advice.
Tips for Pedestrian Safety
Preventing accidents is always better than dealing with the consequences. Here are some safety tips for both pedestrians and drivers:
For Pedestrians:
- Use designated crosswalks
- Obey traffic signals
- Avoid distractions while walking
- Walk on sidewalks whenever possible
For Drivers:
- Be mindful of your surroundings
- Follow speed limits and traffic laws
- Avoid distracted driving
- Yield to pedestrians at crosswalks
By following these safety tips, we can all contribute to preventing pedestrian accidents. This will help keep our roads safer for everyone.
Learning About Pedestrian Accident Liability
Pedestrian accident liability is a complex legal issue that requires careful consideration. It’s important to understand the legal principles involved. This will help determine liability and seek compensation for damages.
If you or someone you know has been involved in a pedestrian accident, it’s important to seek legal advice. They can help navigate through the complexities of the case. They will also ensure that you receive fair compensation for any damages incurred.
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