Pedestrians are exposed to greater injury than those in vehicles when involved in accidents due to their relative lack of protection. It is therefore important that drivers and pedestrians alike apply the appropriate level of care in their actions to prevent any unnecessarily risky situations.
A car accident involving a sedan and a pedestrian recently occurred in New York. The pedestrian was reportedly crossing the street near the middle of the block rather than at an intersection at the time of the collision. The pedestrian suffered a head trauma in the accident and was taken to the hospital in critical condition. Authorities do not expect to bring any criminal charges against the driver as a result.
Accidents that involve vehicles and pedestrians are subject to the same rules governing the assignment of liability for any damages as other vehicle accidents. Applying the rules of negligence determines the level of liability. Under negligence, drivers are held to have a duty to apply reasonable care in their actions for the safety of others. If they breach this duty, the breach causes an accident and a pedestrian is injured as a result of the accident, the driver is liable for their damages.
Pedestrians, however, also have a duty to protect themselves from dangers that they should reasonably foresee. If they fail to do so, they may be held to have contributed to their own injuries, which could significantly lessen or negate any compensation they might be entitled. Actions that may evidence such contributory negligence include failing to use cross walks, unexpectedly walking out in front of vehicles and disrupting traffic flow.
Pedestrians are subject to significant injury when involved in accidents with motor vehicles. They must take precautions for their own safety to avoid being involved in dangerous situations that could have been prevented. If a pedestrian is injured in an accident with a vehicle they may seek the guidance of a professional to help them assess the merits of their case and any potential compensation to which they may be entitled.
