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Liability in Pedestrian Accidents

By Edited Oct 1, 2016 0 0

Pedestrian accidents can lead to serious injuries or deaths, especially if the vehicle involved is moving at a speed of more than 30 mph. According to National Highway Traffic Safety Administration (NHTSA) statistics, more than 60,000 pedestrians were hurt after being involved in road accidents in 2006.

Driver's Negligence

Drivers should be careful with their actions because a pedestrian accident may occur if they failed to exert reasonable care while driving. Here are some examples of driver errors that can lead to an accident:

  • Speeding- Driving at an excessive speed can cause an accident because it lessens your reaction time and may cause you to lose control of your car.
  • Distraction- Some drivers try to do other things while driving like applying make-up, eating, reading a book, and using their cell phone. Drivers who are engaged in different activities while behind the wheel may fail to see immediate dangers.
  • Drunk driving- It is dangerous for you and for the pedestrians you may encounter on the roads. Alcohol may impair your driving skills and prevent you from making rational decisions, thus increasing the chances that you will hit a pedestrian.

When a driver is involved in a pedestrian accident, the most important thing that he should do is to stop the vehicle and check the pedestrian's condition. In addition, he should also move the pedestrian to a safe place and call for immediate assistance.

Pedestrian's Negligence

Not all pedestrian accidents are caused by negligent drivers. Some of them happen because the pedestrian has performed an action, which endangered his life. If his own negligence triggered the accident, he may not be able to recover monetary damages.

Accidents can occur if pedestrians:

  • Suddenly crossed the freeway
  • Did not use the designated crosswalk
  • Failed to look for approaching vehicles before crossing the street

Damages

If you sustained injuries in a pedestrian accident, you may be allowed to take legal action in order to recover monetary damages for:

  • Mental anguish- It covers emotional suffering like nervousness, fright, shock, apprehension, and humiliation.
  • Loss of earning capacity-It may be awarded if your ability to work in the future was diminished by your injury.
  • Medical expenses- It covers the bills for your hospital stays, ambulance fees, and doctors.
  • Lost wages- it is the money that you failed to earn because of your injury.

You can increase your chances of being compensated by consulting a Los Angeles personal injury lawyer. This professional will gather the evidence needed to prove that the driver is liable in the accident.

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