On behalf of Albert Buzzetti & Associates, L.L.C. posted in Car Accidents on Tuesday, December 31, 2013.
Dangerous situations may be created when motor vehicles share the road with pedestrians. Drivers should therefore be attentive and careful in their actions to avoid accidents with pedestrians where possible. A failure to do so may result in substantial liability for the driver.
A recent motor vehicle accident in Brooklyn resulted in the death of a woman. The woman, a pedestrian, was struck by a car and then a truck at an intersection. The driver of each of the vehicles stayed at the scene of the accident. A local deli owner called 911 after being notified of the collision, but the woman was already lying in the street and died from her injuries. The driver of the truck was charged with aggravated operation of a vehicle without a license as a result of the accident. According to residents in the area, the intersection has a history of reckless and speeding drivers.
Drivers and pedestrians both have rights and responsibilities when sharing the roadway with each other. Drivers owe a duty to others on the road to apply reasonable care in the operation of their vehicle. They may be liable for any injuries they cause if they are shown to be negligent in causing an accident. To prove that a driver is negligent, an injured pedestrian must show that they breached the aforementioned duty, the breach caused the accident and the accident caused their injuries. Pedestrians, likewise, have a duty to use care in their actions to protect themselves from foreseeable dangers. A failure to apply such protection can result in a finding that the pedestrian contributed to their own injuries and may be liable for a portion or have their damages negated completely.
Drivers must exercise caution in their actions, especially when sharing the road with pedestrians as they lack the safety features and protections afforded to those in vehicles. For this reason, their injuries are often more severe and their damages are greater. Any pedestrians injured in a collision with a motor vehicle may seek the guidance of a personal injury attorney to assist them with their case.