In urban environments and busy streets, pedestrians often find themselves mere inches away from fast-moving vehicles. While many accidents involve collisions between vehicles, a significant number also occur between cars and pedestrians. Understanding the nuances of personal injury claims in incidents where a pedestrian is injured by a vehicle is crucial for both victims and drivers.
Pedestrian Rights and Safety
Pedestrians have specific rights under the law, primarily focused on their safety. For example, pedestrians have the right of way at all intersections, even if there are no markings. However, they are also encouraged to use traffic signals and crosswalks, make eye contact with drivers before crossing and be alert for cars backing up or reversing.
While crosswalks, traffic control signals and speed limits are designed to protect pedestrians, accidents can still happen. When a pedestrian is hit by a car, the consequences can be severe due to the disparity in protection and the mass between a person and a vehicle.
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur due to:
- Driver Negligence. This can include speeding, distracted driving (such as texting), failing to yield at crosswalks and not stopping at traffic signals.
- Environmental Factors. Poor lighting, obstructed views and road design can also lead to accidents.
- Pedestrian Errors. Although less common, pedestrians themselves can contribute to accidents through jaywalking, crossing against traffic signals or walking while distracted (e.g., using a smartphone).
Legal Considerations for Pedestrian Accidents
When a pedestrian is hit by a car, determining who is at fault is critical. Liability often depends on negligence and right of way. For instance, was the driver operating their vehicle recklessly? Or did the pedestrian act in a way that put them in harm’s way? Since pedestrians generally have the right of way in crosswalks and on sidewalks, the driver is usually responsible for yielding to them.
What Compensation Covers for Pedestrians
If a pedestrian is struck by a vehicle, they may be entitled to compensation for:
- Medical Bills. Immediate and ongoing medical treatment, rehabilitation costs and any necessary surgeries.
- Lost Wages. Compensation for wages lost during recovery, as well as potential future earnings if the pedestrian is left with long-term impairments.
- Pain and Suffering. This includes compensation for physical pain and emotional distress caused by the accident.
Steps to Take After an Accident
For pedestrians involved in an accident, certain steps can help protect their rights. First, it’s imperative to seek immediate medical attention. Health should be a priority, and having medical records can support a personal injury claim.
Second, the police should be informed of the accident. A police report is another piece of evidence that can strengthen a claim, along with information from witnesses and photographs of the scene if possible. Lastly, an experienced personal injury lawyer in Florida can provide guidance and representation, helping ensure fair compensation.
Wrapping Up
Pedestrian accidents pose significant risks, and understanding the legal rights and steps to take following such incidents is crucial. Whether you’re a pedestrian or a driver, knowing these details can help navigate the aftermath of an accident more effectively.
Always remember, the aim of any legal process in these cases is not only to compensate the victim but also to uphold safety standards that protect all road users. If you’ve been injured in a pedestrian accident, contact The Law Offices of Ron Sholes. We offer free case reviews for individuals in Northeastern Florida.