Risk of Injury As A Pedestrian

Pedestrian Accidents can be caused for a wide array of reasons. Often these accidents occur due to a share in liability and fault. While individuals are walking they may be distracted by a wide array of stimuli and input, which may make them especially likely to not notice a hazardous condition nearby.

Where do Pedestrian Accidents Occur?

These incidents can occur in many different places and contexts, but frequently pedestrian accidents occur in areas where this a high volume of vehicle traffic. Places such as parking lots, shopping malls, intersections, bridges and airports inherently place people near vehicles. When the path of a person who is walking crosses the path of a vehicle going in an opposite direction, such interaction can be naturally dangerous and lead to instances of accidents and injury.

American tort law affords pedestrians significant protections, considering how vulnerable they are.

Pedestrian Accident Injuries

Considering how vulnerable a pedestrian is while walking near moving vehicles, they face substantial risk of injury if an accident does occur. The average weight of a vehicle is over 3,000 lbs and when that weight is calculated with the speed a vehicle may be traveling when an accident happens, the force of impact can be very severe. This risk of injury is increased even more dramatically in instances of texting and driving, drunk driving, or impaired driving, where the driver of the vehicle might not have the opportunity or ability to slow their speed prior to impact.

Severity of Impact in Pedestrian Accidents Poses Risk of Catastrophic Injury

Considering the severity of the force of impact in pedestrian accidents, the injuries that result may be catastrophic. Once an impact does occur, often the injured pedestrian will be thrown across the pavement through the air, crashing onto the hard ground. This creates the risk of two separate risks of injury: once at the moment of impact with the vehicle, and the other when the pedestrian makes contact with the ground and comes to a rest. Common injuries associated with pedestrian accidents may include:

1. Broken bones;

2. Scrapes and bruises;

3. Cuts causing scarring;

4. Sprains;

5. Brain injuries;

6. Back injuries; and

7. Loss of consciousness.

Who is at fault in a Pedestrian Accident?

Pedestrian accidents give rise to a common theoretical concept in tort law known as shared fault. For example, when a car is crossing through an intersection and runs into a person walking through the side walk, an evaluation of comparative fault may be employed to determine what party is at fault and to what extent. Much of this determination will focus on an evaluation of the evidence available.

While a driver of a vehicle carries a significant duty to actively monitor the road ahead of them for objects and persons, a pedestrian also carries a duty to walk with care and be aware of their surroundings. If a pedestrian darts through a sidewalk infant of oncoming traffic, disobeying traffic signals, then the law may apportion the majority of the fault for the incident upon the pedestrian. Pedestrian accidents are amongst the most disputed accidents and will ordinarily include a consideration for whether shared fault was present in the incident leading to injury.

Contact Fletcher Law about your Pedestrian Accident Case today

After you have been injured in a Pedestrian Accident, it is important that you be proactive about your approach to the legal case that may follow. The legal team at Fletcher Law has the experience and skill needed to handle Pedestrian Accidents. Call us today at 816-631-2868 so that we can begin evaluating your case and provide our input on how to proceed.