On behalf of Albert Buzzetti & Associates, L.L.C. posted in Car Accidents on Wednesday, January 15, 2014.
When involved in an accident, those in motor vehicles are afforded more protection from injury than are pedestrians. Because of this, pedestrians who are hit by a car are more likely to sustain significant injuries in an accident. Drivers must be on the lookout for pedestrians, as a failure to do so may result in significant liability.
A motor vehicle accident recently occurred in Queens, which involved a car and a female pedestrian. When emergency responders arrived, the woman was lying on the ground with significant injuries. She was taken to a nearby hospital for treatment, but later died from her injuries. The driver initially left the scene of the accident but returned an hour later. Authorities are currently unsure of what criminal charges may be pursued against the driver.
When motor vehicles and pedestrians are involved in a collision, any liability on the part of the driver will be based on whether the driver was negligent. Under this rule, all drivers must use a reasonable level of care in the operation of their vehicle. If they fail to meet this duty of care and an accident results, anyone who is injured in the accident has a right to sue the negligent driver to recover any damages sustained by the injured victim. Pedestrians, however, also owe a duty to protect themselves from dangerous conditions that they could reasonably anticipate. If they violate this duty, they may be found to have contributed to their own injuries and may have any compensation to which they are entitled lessened.
Pedestrians are vulnerable when sharing the road with motor vehicles. Drivers must be careful in their actions to avoid creating unnecessarily dangerous situations that can lead to injuries, and pedestrians must be careful to avoid unsafe situations. A pedestrian injured in an accident with a vehicle may seek the assistance of a personal injury attorney to help them with collection of any compensation to which they may be entitled.