Avoiding Pedestrian Accidents

Provided by your Pedestrian Accident Attorneys

In a collision between a vehicle and a person, the vehicle always wins. There is little that a person can do when hit by several tons of fast-moving metal. Personal injuries and even death are often the results of a crash between a car and a pedestrian. The National Highway Traffic Safety Association, or NHTSA, estimates that almost 5,000 pedestrians die every year in after being hit by a motor vehicle, and another 78,000 sustain injuries.

In the face of these stark, tragic facts, those people walking or jogging along a roadway should know that they are entitled to compensation if the accident can be proved to be a personal injury. Although it might seem obvious that a personal injury occurred, the driver may defend himself or herself by proving that they were not being negligent in driving. To be considered negligent, the plaintiff must prove that the driver was legally responsible to drive in a manner that was not dangerous to the pedestrian, but the driver failed in this responsibility, causing an accident and injury to the walker.

This is not always a lost case for the driver, however. If the roadway was built in a manner conducive to safe driving or the sidewalk was not maintained in a way that allowed for safe walking or jogging for people on the side of the road, the city commission or company in charge of transportation may be found at fault. Also, sometimes defendants can prove that the accident was actually caused by the pedestrian. This can come up as a defense if the pedestrian was jay walking or acting in a negligent manner himself.

If you are a driver, there are several ways you can act in order to avoid negligent accidents. First, pay attention to the law: follow the speed limit, heed warning signs, and pay special attention to areas that contain kids, etc. This includes being extra careful in school zones and stopping when a school bus stops. Also, remain attentive to the road. Avoid talking on the phone and sending text messages while driving. Additionally, pay attention to what's going on around you. If the weather is bad, like with thick fog and pouring down rain, pedestrians might be more difficult to see. In times of bad traffic, do not drive recklessly, as you may hit another motorist or run into a person darting between cars.

As a pedestrian, you must also pay attention to your surroundings. Avoid walking or jogging along busy roads that do not have wide shoulders or sidewalks. Wait for the walk signal and be sure to cross in crosswalks rather than just in the middle of the street. If you are traveling at night, it can be a good idea to where white or bright clothing and include reflective stripes or hold lit devices to make yourself more obvious to cars.

If you or someone you know has suffered from a pedestrian accident, you should look into your rights for receiving compensation.

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