|
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.
|