Personal Injury Type -  Pedestrians

Each year thousands of pedestrians die and or injured in pedestrian related accidents. Most deaths are to young children and the elderly. Pedestrians are the second largest population group to die in motor vehicle crashes. Hit-and-run crashes account for 18% of the deaths among pedestrians. Children and the elderly are the groups at highest risk of dying as pedestrians. According to figures for 1996, nearly one-third (31%) of children between 5 and 9 years old killed in traffic crashes were pedestrians. Almost a quarter of all pedestrians who died in traffic crashes were younger than age 16. The death rate for pedestrians 70 years old or older was higher than for any other age group. Most pedestrian deaths occurred in urban areas.

Legal claims involving pedestrian accidents can involve complex legal, factual and evidentiary issues. Here are a few questions that should be considered when evaluating a pedestrian accident claim.

  • What were the particular facts and circumstances of the accident?

  • Were there any independent witnesses?

  • What were the nature and extent of any injuries?

  • Were children or the elderly involved?

  • Was alcohol a factor?

  • Was there a proper street crossing?

  • Did the pedestrian use ordinary care when walking on or crossing a highway?

  • Did the pedestrian keep a lookout for motor vehicles?

  • Was there is a reasonably suitable and passable sidewalk for a pedestrian to use?

  • Did the pedestrian step into a highway or street at any point between intersections where he would be obscured from the vision of a driver?

  • Did the pedestrian have the right-of-way while crossing a street within any clearly marked crosswalk?

  • When did the pedestrian begin their crossing?

  • Did the driver attempt to change course, or slow down, or come to a complete stop to permit the pedestrian to cross safely?

  • Did the pedestrian use ordinary care to cross the most direct route?

  • Did the pedestrian disregard a “Don’t Walk” signal?

  • Was there a safety island?

  • Were there pedestrian islands?

  • How long was the walk signal at a traffic light?

  • What time of day did the accident happen?

  • Was there a violation of a traffic rule or law?

  • Were there any highway or street defect or hazards?

  • Were there proper barriers between pedestrian and motor vehicle traffic, pedestrian bridges, overpasses, underpasses, and pedestrian malls?

  • Were speed limits proper for the location?

  • Were children being properly supervised?

  • Is there any insurance or assets to satisfy a successful claim?

It is important that the accident be evaluated by an experienced legal team. Complex legal and safety issues may be involved. If you, a friend, or loved one are injured in a pedestrian, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives or sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to motor vehicle accidents. You can call us seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.

   

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