Pedestrians are at a significant size and safety disadvantage in comparison to motor vehicles, which is why they often suffer severe injuries when involved in accidents with vehicles. It is important that drivers and pedestrians alike apply the proper level of care to ensure their safety when sharing roadways.
A recent motor vehicle accident in New York City involving a pedestrian and a taxicab resulted in serious injury to the female pedestrian. The collision occurred when the cab jumped onto the sidewalk and struck the woman while she was standing there with a friend. The cab driver claims that he lost control of his vehicle after a bike rider banged on the hood of his car, although that allegation is still being investigated. The pedestrian suffered severe injury to her left foot, which physicians were forced to amputate due to the extent of her injuries. The cab driver has a questionable driving record and was issued a summons due to a failure to have proper paperwork for driving the cab.
Assessing liability for auto accidents involving pedestrians is based on the same principle of negligence that accidents with other vehicles are based. Under the theory of negligence, an injured pedestrian must show that the defendant driver owed them a duty to use proper care, breached that duty, that the breach caused the accident and that the accident caused the pedestrian’s injuries. There are a multitude of actions that may constitute negligence on the part of a driver including distracted driving, speeding, disregarding traffic conditions and disregarding traffic signals.
Pedestrians that are injured in accidents with motor vehicles may face significant damages as a result of their injuries. If they feel that the driver may have been negligent in their actions they should consider seeking the guidance of an attorney skilled in advocating on behalf of victims injured in such accidents. They can advise victims on the proof required and any rights to recovery that may exist in their case.