Pedestrians are not afforded the same safety precautions and devices as those in vehicles and trucks are on the roadways. They are therefore more exposed and more vulnerable to serious injury and traumatic brain injury when involved in accidents with motor vehicles. Drivers must use an appropriate level of care under the circumstances to prevent creating a dangerous condition when in the presence of pedestrians. A failure to do so may lead to significant liability for a driver.
An accident recently occurred in New York that injured three people. A driver ran into three pedestrians, including one teenager, injuring all three of them. One of the pedestrians was taken to a nearby hospital in stable condition. The other two pedestrians suffered severe head injuries in the collision and their injuries are considered life threatening. The driver was taken into custody and authorities are currently considering charges.
All drivers must apply reasonable care to their actions to ensure the safety of others on the roadway. Circumstances that may evidence a failure to use such care include disregarding traffic conditions, failing to yield the right of way and driving while pre-occupied, among many others. There is no indication in this case regarding what caused the driver to strike the pedestrians, but the driver may not have been as attentive as necessary. The elements of a negligence claim are the same for pedestrian accidents as they are for other motor vehicle accidents. The damages in the case above may be extensive as well. Two of the victims suffered head injuries after being struck by the vehicle. Such an injury can cause permanent disability, a diminished quality of life, large medical bills and even death in some cases.
The two people who suffered severe head injuries in this case, or their families if they don't survive, may be entitled to compensation for any damages suffered as a result of the accident. They should be aware of their rights to recovery.