Role Of Negligence In Pedestrian Accidents
Louisiana and Texas pedestrians trust motorists to obey traffic laws to ensure their safety. However, pedestrian accidents continue to be a growing concern in these states.
Pedestrian accidents are traumatic occurrences that can change lives in an instant.
Pedestrian accident injuries have a lasting impact on victims and their families.
Not all pedestrian accidents involving motorists occur on public roadways. In some cases, they occur on commercial or residential properties.
Injured pedestrians have the right to seek compensation for their injuries. They may file a personal injury claim against the at-fault driver’s insurance company or pursue a lawsuit.
Causes Of Pedestrian Accidents
Several types of negligence play a vital role in pedestrian accident cases.
According to the National Highway Traffic Safety Administration (NHTSA), the leading causes of pedestrian accidents include:
· Speeding
· Failing to yield the right of way
· Crossing a roadway or intersection improperly
· Running red lights
· Standing, playing, or working on a road
· Having poor visibility
· Parking lot accidents
· Hit-and-run accidents
· Being under the influence of drugs, alcohol, or medication, and
· Distracted driving
Where Do Most Pedestrian Accidents Occur?
More than eighty percent of pedestrian fatalities occur in urban areas. According to the Governors Highway Safety Association (GHSA), most pedestrian accident fatalities occur on local roads at night. Intersections present a unique set of risks as they bring together multiple streams of traffic—vehicles, pedestrians, and sometimes cyclists—moving in different directions.
Pedestrian accidents happen in cities at crosswalks and mid-block. Although less frequent, rural pedestrian accidents occur due to dimly lit roads and lack of street lighting, limited sidewalks, crosswalks, and other pedestrian-friendly infrastructure.
Parking lots and residential driveways are also locations where vehicles can hit pedestrians.
Common Pedestrian Accident Injuries
Pedestrian accident injuries can be devastating, both physically and emotionally.
Pedestrians lack any protection from the impact of a motor vehicle hitting them.
Pedestrians face a high risk of injuries resulting from blunt-force trauma from impact with an automobile.
Pedestrians can suffer broken ribs, wrists, arms, legs, pelvic bones, and other fractures in a collision.
Pedestrian accidents can result in catastrophic injuries such as Traumatic Brain Injuries (TBIs), spinal cord damage, and internal injuries that can have far-reaching consequences on victims’ lives. Recovery from such injuries can be a lengthy process, and some victims may never fully regain their pre-accident mobility levels.
Negligence In Pedestrian Accidents
Understanding the role of negligence in pedestrian accidents is vital for victims seeking justice and compensation.
To prove negligence, you’ll have to demonstrate:
· the driver had a legal responsibility (called a “duty of care”) to avoid injuring you
· the driver violated (breaches) the duty of care
· the breach of duty caused the accident, and
· the breach of duty was the cause of your injuries and losses (damages).
It’s easy to assume that drivers are at fault for collisions with pedestrians. However, a pedestrian might be negligent and liable for an accident when the pedestrian:
· crosses a road in an area other than a crosswalk
· doesn’t follow traffic rules
· hops in front of a car without giving a driver enough time to stop.
Comparative negligence systems in Texas and Louisiana assign fault based on the percentage of responsibility each party bears to the accident. A pedestrian may still be eligible for compensation even if they are partially at fault.
Under Louisiana’s pure comparative fault law, even if victims are ninety-nine percent at fault, they can still collect one percent of their damages.
In a modified comparative state like Texas, victims would be ineligible to collect damages once their fault hits fifty-one percent or more.
Bart Bernard Injury Lawyers: The Right Personal Injury Attorneys for Your Pedestrian Accident Case
Selecting the wrong attorney for your pedestrian accident case carries a genuine risk. This mistake may cost you and your family dearly.
At Bart Bernard Injury Lawyers, you can count on us to help build your personal injury claim using precise and calculated steps.
Our personal injury firm lets you focus your time and energy on recovery and rehabilitation.
One of the most significant factors an insurance company considers when valuing a pedestrian accident claim is the lawyer representing the victim.
Shrewd insurance companies know that most personal injury lawyers will never go to trial. So, by forcing you to trial, your insurance company will try to talk you into a low settlement.
Hiring a seasoned trial lawyer like Bart Bernard increases the chances of you not having to go to trial.
Insurance companies shy away from taking on an experienced trial lawyer.
An insurance company fears losing control of a claim as soon as a jury trial commences, which increases the chances of a fair settlement.
Personal injury lawyer Bart Bernard has a strong reputation for turning down low offers and taking cases to trial.
Our firm offers pedestrian accident victims in Texas and Louisiana a free case evaluation to answer any questions they may have.
