When pedestrians cross the road, drivers should take special care to avoid injuring them. Unfortunately, some drivers are negligent and may not be fully focused on the road. If a driver hit you while you were on foot, you should file a personal injury claim. A Tallahassee pedestrian accident attorney specializes in personal injury claims and can help you with your personal injury case. They can then make sure that you receive full compensation by conducting a thorough investigation into the circumstances of the accident. To get started, call Fasig | Brooks to get a free consultation for your personal injury claim.
Common Causes Of Pedestrian Accidents
Pedestrian accidents happen for many reasons, many of which are caused by an inattentive or negligent driver.
Speeding Drivers
Drivers sometimes break the law by exceeding the required speed limit, as speeding is very common across the US. In 2019 alone, speeding was a factor in about 26% of traffic accidents. When motor vehicles speed, they can cause catastrophic injuries because the force of the impact will be much greater. Fast-moving cars require a longer stopping distance than slower-moving vehicles, making it difficult for them to avoid an accident in time.
Ignoring Traffic Signals
One form of negligence is when a driver ignores traffic signals or signs. Many car accidents result from cars driving through red lights, not yielding when required, or ignoring stop signs. Pedestrians can get hit by drivers who don’t pay attention to traffic signals and disregard the fact that the pedestrian has the right of way.
Nighttime Driving
At night, the chance of getting into a pedestrian accident is higher because most car crashes happen at night. Driving at night, in general, is more dangerous and requires extra caution from drivers to avoid hitting pedestrians in the dark. The driver might not notice pedestrians until they are illuminated by their vehicle’s headlights, at which point, it might be too late to avoid an auto accident.
Intoxicated Drivers
Drunk driving can cause pedestrian accidents because an intoxicated driver might be unable to react in time to prevent a car accident. Alcohol and some drugs reduce the cognitive ability of drivers, making it more difficult for them to process information when operating a vehicle.
Defective Vehicles
Sometimes, the vehicle is the problem because of a manufacturing error or defective part. When a vehicle malfunctions because of an engineering issue or technical problem, this can cause the driver to lose control and cause an auto accident that injures pedestrians. In this case, the party responsible for the defect can be held liable by the accident victims.
Distracted Driving
Drivers who use their phones, eat while driving or groom themselves are distracted and often take their eyes off the road. This distracted behavior can cause a pedestrian accident because the driver isn’t paying attention to the road and anyone on it.
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What Is The Law Of Comparative Negligence?
Comparative negligence is one of the principles of tort law and refers to how much each party is at fault and their degree of contribution to the accident. This means that each party is assigned a percentage of fault, which directly affects the settlement amount the victim will receive.
For example, a pedestrian could be 10% at fault for an accident because they didn’t use a zebra crossing even though one was nearby. But the driver could still be 90% responsible because they were speeding and not paying attention to the road when they collided with the pedestrian. A pedestrian accident lawyer Tallahassee help determine the degree of fault of each party by carefully examining all of the available evidence.
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How Might A Pedestrian Be At Fault?
Pedestrians can be held liable if they are partially or completely at fault for the car accident.
Failure to Use The Crosswalk
If a pedestrian isn’t walking in designated areas when available, the car driver might not be held completely responsible. Crosswalks help drivers identify where a pedestrian might be when they cross the road. If the crosswalk is not used, a driver might not expect a pedestrian to appear on another part of the road. This can lead to pedestrian accidents that cause serious personal injury.
They Walk in the Street
Some pedestrians avoid sidewalks, leaving them vulnerable to auto accidents. If there is a sidewalk, pedestrians should use it to avoid a personal injury accident.
Jaywalking
Impatient pedestrians who cross the road when drivers have the right of way are at risk of a car accident. Jaywalking may be one reason why a pedestrian is at fault for the car accident.
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What Should I Do If I’ve Been In A Tallahassee Pedestrian Accident?
Motor vehicle accidents are different from pedestrian accidents because the latter can result in more damage to the victim and higher medical expenses. Many wrongful death cases are caused by pedestrian accidents. The victim of such an accident will need immediate medical attention because their injuries could be life-threatening. Injured pedestrians can suffer from lost wages in addition to expensive medical bills and will need the help of an attorney to get a fair settlement from the other party’s insurance company.
In a wrongful death case, you would need a Tallahassee pedestrian accident lawyer to help you compile the damages you are entitled to receive from the at-fault party and get fair compensation for your personal injury. This is why you should reach out to a personal injury lawyer who has a proven track record of success in auto accident cases involving pedestrians. Our law firm has years of experience in personal injury law and can provide reliable results. Call Fasig | Brooks today for a free consultation and the chance to speak with an experienced personal injury attorney.
We know what needs to be done to facilitate a fair settlement