There is nothing more dangerous than an accident between a vehicle and a pedestrian. A giant metal beast versus a flesh and bone human? Not much of a contest there. And the law tends to be on the side of the pedestrian in such an uneven match. If you've been hit by a car, read on to learn what kind of case you have legally.
Essentially any accident involving a vehicle and a pedestrian is considered a pedestrian accident. A vehicle traveling over 30 MPH that hits a pedestrian can result in serious injuries or fatalities to the pedestrians. However, even a vehicle moving at 10 MPH or slower can hurt or disable someone crossing the street. This is why this type of accident can be so severe.
Both drivers and pedestrians have to obey basic traffic laws, and it is typically obvious who was being negligent in each case. Negligence is the act of failing to exercise a reasonable standard of care. In the case of a negligent driver hitting a pedestrian, that pedestrian is entitled to compensation for their medical expenses.
Driver negligence can include, but is not limited to:
- Distracted driving (i.e., texting)
- Failing to yield right of way
- Not using a turn signal
- Driving under the influence
Drivers are also required to exercise a higher standard of care while driving around places that have signs to indicate that children and play areas may be nearby. This is because children are most likely to be hit by a vehicle as they're much smaller and more difficult to see.
Finally, we have to look at the pedestrian's standard of care, because pedestrians can be charged with contributory negligence if they do not exercise correct traffic behavior. For example, ignoring the walk signal at an intersection, entering the road with oncoming traffic, or disregarding marked crosswalks can be causes for contributory negligence.
If you have been hit by a vehicle as a pedestrian, we want to help you get the settlement you deserve. Working with a personal injury attorney like The May Firm can help get you the most compensation after your pedestrian accident. After all, it's likely you're going to rack up some serious hospital bills, and you may even be out of work for awhile.
This means you are due both medical coverage and missed wages in your case. Call The May Firm today so we can work with you to get you the highest settlement possible.