When a pedestrian is struck by a car, the results are usually catastrophic, resulting in serious injuries and death. Even though state laws do their best to protect pedestrians and keep these traumatic events from happening, in the United States alone over 5,000 pedestrians are killed and 64,000 injured each year from being hit by an automobile. These figures average out to one pedestrian being hit every eight minutes, and a life lost every 120 minutes. A pedestrian is simply no match for a car, which can be several thousand pounds of metal and glass. Even though the passengers and driver inside the car are fairly well protected, the pedestrian is totally vulnerable to serious injury.

Who Has the Right-of-Way?

Generally, pedestrians are considered to have the right-of-way, although this is not absolute, and there are certainly times when pedestrians ignore not only the traffic signals, but their own safety as well, crossing the road in a manner that makes avoiding hitting them next to impossible. This type of behavior on the part of pedestrians is, however, the exception rather than the rule. Drivers are expected to approach pedestrian crossings with extra caution and to adhere to specific safety measures, most especially when the pedestrian is clearly visible and is within ten feet of where the vehicle will be turning. Drivers should always slow down—stopping if appropriate—and yield the right of way to pedestrians, and should take special care to be extra alert in areas where pedestrians are common. As an additional caution, a vehicle is not permitted to pass another vehicle which has stopped to allow pedestrians to cross.

Proving Negligence on the Part of the Automobile Driver

In order to establish negligence on the part of the driver who struck a pedestrian, the pedestrian must prove that the driver not only owed a legal duty to the pedestrian under the specific circumstances, but that they breached that duty through negligent or reckless conduct or action—or through a failure to act. The pedestrian must also prove the actions of the auto driver caused the accident which injured the pedestrian and that the pedestrian suffered injury or harm as a result. The facts will be closely analyzed in each accident involving a pedestrian, and it may turn out that more than one person was legally responsible for the accident and resulting injuries. This could be true in a case where a sidewalk, roadway or parking lot where the accident occurred was not properly maintained or marked or if the pedestrian was also at fault.

Automobile Driver’s Duty of Care

Those who operate automobiles are charged with exercising reasonable care under specific circumstances. Some of the factors which commonly contribute to driver negligence include inattentive drivers, a driver’s failure to obverse posted speed limits or yield the right-of-way at marked crosswalks, a driver’s reckless disregard for traffic signs or signals, failure by the driver to signal a turn, a marked disregard for weather or unusual traffic conditions, or driving under the influence of alcohol. Additionally, drivers owe a particular duty of care to small children—those between the ages of 5 and 10 are the most likely to be hit by a car as they are smaller, less visible and often exhibit unpredictable behaviors. The mere presence of children is a warning to drivers to exhibit particular care and hyper-vigilance. If a driver is in the vicinity of a school or in a residential area where children are known to play, extra care must be taken to avoid hitting a child.

Hiring a Personal Injury Attorney

If you have been the victim of a pedestrian-car accident, it is likely that you are struggling to pay your medical bills. You may even be unable to return to work, and find yourself unable to provide for yourself and your family. It is imperative that you retain a knowledgeable personal injury attorney who can protect your rights and get you the help you need following your accident with injuries.