Pedestrian Accidents: Learning the Common Causes and Negligence
Here’s an unfortunate truth: Pedestrians usually never report the accident to the police when they have been hit by a motor vehicle. This sad fact shows that many of these accidents fly under the radar. The sad truth is, many of these accidents are caused by the negligence and inattentiveness of drivers sharing the roadways with those who are walking. Some accidents are hit and run while others involve a driver who stops to check on the injured. Because you are offered no protection against vehicles, these accidents can often lead to serious accidents with injuries that will affect you for a long time.
There are many causes of pedestrian accidents. Many pedestrians travel safely, looking at their surroundings and watching out for danger, as they know the risks. Even when a pedestrian is waiting for a signal, they can’t be assured that a driver is actually going to stop, and the actions of a driver are not in their control. Because of this, it is important for pedestrians to always be on high alert.
Many pedestrian accidents happen because drivers are inattentive to what is happening around them. A lot of accidents happen due to distracted driving, such as talking on cell phones, eating while driving, programming a GPS, putting on makeup, talking to friends, and more. When drivers are not familiar with an area, they may also be distracted as they watch for signs around them, which can mean danger for pedestrians.
A lot of pedestrian accidents also happen in busy cities, where aggressive driving can take hold. What if a driver is in a rush to get to their final destination and the last thing on their mind is looking out for pedestrians along the way? Drivers who are speeding through the city are also more likely to avoid traffic signals and engage in road rage, which could lead to increasing their speeds. Many drivers are attempting to make a left turn or backing up when they hit a pedestrian in the city.
When Comparative Negligence is Considered
A driver who is defending themselves in court could turn to the theory of comparative negligence in a pedestrian accident case. This is a legal defense that could take away from the compensation you may have originally been entitled to. This theory reduces the amount that you can recover by a percentage because it is presumed that you also played a role in your fault for the accident. Perhaps you walked out into a busy intersection without looking both ways, which means that you are also at fault for your accident, as it is also your duty to watch your surroundings as well as the driver.
Here’s an example: If you are involved in an accident and you are found to be 20% at fault for your own pedestrian accident, your recovery may be lessened. This means that, if your damages were $100,000, you could only recover up to $80,000. This happens in many cases of distracted walking, such as using a cell phone while walking or listening to music through headphones.
At the Los Angeles Injury Group, we can defend your rights when you have been injured in a pedestrian accident. Do you stand by the fact that your injuries were caused by another negligent party? We can help in your case. Call us to get started on your recovery at 310-954-7248.