Pedestrian accidents can have devastating consequences. With most pedestrian accidents occurring between 3 pm and 7 pm, many of the victims are younger individuals, students or children who are walking home from school. This type of accident can lead to a lifetime of rehabilitation or deficiencies for the victim.
The risk for pedestrian accidents is highest in urban areas. Congested roadways with complex traffic patterns, crowded crosswalks and distracted drivers are common. Even in suburban settings, the risk of being hit by a distracted driver is at an all-time high. Distracted drivers are more dangerous than drunk drivers and both pose a major threat to pedestrians.
Unfortunately, establishing liability can be difficult as there are many variables concerning the behavior of the pedestrian at the time of the accident. Often, those who are hit by a driver may be outside of a crosswalk, for example. That’s why it is important to hire an experienced personal injury lawyer to handle your pedestrian accident case; establishing liability entails determining the behavior of the driver and how it contributed to the causation of the accident. There may be shared liability or contributory negligence, meaning both parties share some responsibility in the accident.
Factors to consider in a pedestrian accident
- Was the pedestrian within the crosswalk?
- Was there a signal at the intersection? Did the pedestrian abide by the signal?
- Was the pedestrian limited in sensing the traffic in some way? Blocked view, headphones on, etc.
- Was the driver speeding?
- Was the driver under the influence?
- Was the driver making an illegal maneuver?
- Did weather conditions or glare play a role in limiting visibility?
All of these concerns and more will factor into determining liability and whether or not a victim should file suit.
For cases where the individual was abiding by all of the proper crossing measures, staying within the crosswalk at the proper signal, it can be easy to establish liability. Most cases are not this cut and dry, however and require thorough research and understanding of the laws. Attempting to establish liability and determine whether or not the driver was negligent should be handled by an experienced personal injury lawyer.
When you need an attorney to represent you with your legal matters, contact the Law Offices of Michael Kuldiner, P.C. in order to obtain the best results possible in each case. To arrange a consultation, please give us a call at (215) 942-2100 or contact us by submitting the form at top right.