According to US law, a pedestrian is “any person on foot or using a wheelchair or any other means of conveyance propelled by human power other than a bicycle.”
An estimated 9,188 pedestrians died in accidents in 2022. One way to reduce these accidents and make the roads safe for everyone is by filing a personal injury claim. This way, you can hold the negligent party accountable and secure compensation for your losses. Hiring competent pedestrian accident lawyers will ensure you have a better chance of winning your case.
Causes of pedestrian accidents
Several factors contribute to pedestrian accidents in the US, ranging from pedestrians’ actions to the design of roads and vehicles.
Actions of pedestrians
Pedestrians are not entirely blameless in accidents. The following actions contribute to pedestrian injuries or deaths:
- Not looking both ways before crossing the road
- Jaywalking
- Stepping onto traffic
- Walking in areas not designated for pedestrians, like highways
- Not paying attention to where they’re going
Actions of drivers
Drivers generally carry a higher responsibility as pedestrians have the right of way on the road. The following actions contribute to pedestrian accidents:
- Driving intoxicated
- Speeding
- Being distracted while driving
- Not following the rules
- Reckless driving
Other causes
In addition to the above, there are other factors that cause pedestrian injuries and deaths:
Poor weather conditions, like heavy rain, snow, or fog, impair drivers’ ability to see pedestrians, leading to more accidents.
Lack of proper infrastructure, like sidewalks and pedestrian signals, forces pedestrians to use the road under dangerous circumstances, increasing their risk of injury in an accident.
In some cases, faulty parts may cause the vehicle to malfunction, causing the driver to lose control and hit a pedestrian.
Legal options for victims
Those who have been victims of pedestrian accidents can seek justice by suing those responsible for the accident.
Depending on who is at fault, the pedestrian can sue:
- The local government for constructing faulty roads
- The motorist who caused the accident
- The vehicle manufacturer for building a defective machine
In order to do so, the victim must prove that the party at fault caused damage due to negligence. Usually, this involves submitting evidence through recordings, witness statements, or medical bills.
It’s recommended that the victim consult a competent lawyer to help with your case, as they will have the required experience in filing lawsuits and submitting the proper evidence in order to win your case.
Regardless of who is at fault, the process is similar:
- The victim files for a claim with the party at fault.
- The claim is validated through investigations by both parties.
- Depending on the specifics of the case, a settlement amount is decided upon.
- In most cases, the claim is settled out of court. In this case, the victim is paid the amount agreed upon.
- Sometimes, the case is taken to court, and the outcome depends on the competence of the lawyers involved and the complexity of the case.
Precautions to follow to prevent accidents
There are always steps pedestrians can follow to stay safe:
- Always follow the rules
- Only cross the road at places designated for pedestrians
- Pay attention to your surroundings. Don’t text or use the phone while you’re crossing the road
- Stay alert, as drivers on the road may not see you or may make mistakes that lead to accidents
Pedestrian accidents claim thousands of lives every year. Stay alert on the road and know your rights!
