Pedestrian accidents are responsible for causing a death every two hours and an injury every seven minutes.
The risk of injury or death is significantly higher in cases where the pedestrian involved is a high risk individual such as a child, a senior citizen, or someone who is intoxicated. These accidents often lead to severe injuries to the pedestrian even if the driver of the vehicle remains completely unharmed. Liability in such cases is complex, especially if the pedestrian is partially at-fault for the accident. (Read – Pedestrian Accidents, What You Should Know About Your Legal Rights)
Causes of Pedestrian Accidents
Each year, around 4,000 pedestrians are killed and another 70,000 are injured in automobile collisions. One of the most common causes of such accidents is unmarked crosswalks. These intersections make it difficult for pedestrians and drivers to recognize who has the right of way. Statistics show that three times more pedestrian injuries occur when a motor vehicle makes a left turn than when making a right turn.
Many pedestrian accidents also occur because the pedestrian is distracted while walking. It is not uncommon to see pedestrians talking on the phone or texting while walking in intersections. Eight percent of pedestrian accidents occur when the pedestrian is using an electronic device. Pedestrian accidents are 70 percent more likely to occur at nighttime and 50 percent are more likely to occur on weekends. This can be attributed to poor visibility and substance abuse. Whenever a pedestrian accident occurs, it is usually assumed that the driver is at-fault. However, the reality is that the pedestrian can be partially or completely at fault for the accident.
The pedestrian’s right to recover damages is based on liability. The pedestrian may be partially at-fault for the accident:
- when a pedestrian is walking against the flow of traffic
- walking in prohibited areas such as bridges, causeways, or highways
- walking intoxicated
Injured pedestrians can recover compensation based on the principle of comparative negligence. The pedestrian can recover the amount of damages reduced by the percentage of fault he or she contributed to the accident.
St. Louis Car Wreck Attorney
If you have been injured by a negligent driver, seek legal help from a St. Louis car wreck attorney. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242.