Pedestrian Accident Claims

What is a pedestrian accident?

Pedestrian accidents involve people walking on or near roadways. They also include those using assistive devices, such as wheelchairs.

According to a report by the Insurance Institute for Highway Safety (IIHS), pedestrian accidents resulted in 6,516 pedestrian deaths in 2020. Pedestrians made up more than one out of every six traffic accident fatalities that year.

Where do most pedestrian collisions occur?

Studies compare the number of pedestrian deaths to the state population to determine the frequency of pedestrian deaths per state. This allows the National Highway Traffic Safety Administration (NHTSA) and other organizations to determine the pedestrian fatality rate per 100,000 residents. The highest pedestrian fatality rates belong to the states where pedestrians are most vulnerable.

The 2020 pedestrian fatality rates ranged from 3.75 in New Mexico to 0.67 in Maine. The states with the highest pedestrian fatality rates include the following:

• Arkansas
• Arizona
• California
• Delaware
• Florida
• Georgia
• Louisiana
• Mississippi
• Nevada
• New Mexico
• South Carolina

Common causes of pedestrian accidents 

There are multiple causes of pedestrian accidents, including drivers’ actions, environmental factors, and the actions of pedestrians.

Driver behaviors that cause pedestrian accidents 

Common causes of car accidents can cause pedestrian accidents. Common driver behaviors causing traffic accidents include the following:

• Distracted driving
• Driving under the influence (DUI)
• Speeding

Drivers are also more likely to be in an accident if they engage in aggressive driving habits, such as tailgating or passing on the shoulder. These activities put pedestrians at risk because tailgating can cause a rear-end collision and push the vehicle in front into a crosswalk. Passing on the shoulder also increases the chances of a pedestrian accident because these vehicles are closer to sidewalks, or if there are no sidewalks, pedestrians may be walking along the shoulder of the road.

Environmental factors

There are several environmental factors that can increase the likelihood of a pedestrian accident. The risk to pedestrians increases at night because of reduced visibility. Pedestrians are also more likely to be in an accident in a city because of higher traffic volumes. Unmarked crosswalks and damaged sidewalks that force pedestrians to walk on or beside roadways are other environmental factors that put pedestrians at risk.

Pedestrian behaviors that cause accidents 

More than 75% of pedestrian accidents occur at unmarked crosswalks or in the middle of the road. Pedestrians can reduce their chances of accidents by using marked crosswalks and crossing the road at intersections.

Is a driver always at fault when hitting a pedestrian?

Determining who’s at fault for pedestrian accidents can be complex. The fault does not automatically fall on the driver. Although jaywalking no longer carries a potential jail sentence in Nevada, it is considered a misdemeanor. If a jaywalking pedestrian is in an accident, they could be at fault and could face fines. 

What happens if a pedestrian causes an accident?

Drivers can pursue legal action against pedestrians that cause accidents. It could be challenging to collect a settlement because insurance companies pay out car accident settlements, and pedestrians do not carry insurance. However, drivers have the legal right to seek compensation for economic and non-economic costs, such as lost wages, medical expenses, property damage, and pain and suffering.

What happens if a pedestrian gets hit by a car?

The police must be notified whenever someone is hurt or killed in an accident. This requirement applies to most pedestrian accidents due to the pedestrian’s increased risk of physical injuries. The driver or pedestrian should call an ambulance and ensure injured persons receive medical care.

The police will question the parties involved in the accident, as well as any witnesses, to determine fault. The fault may lie with one or both parties, or investigators may identify other at-fault parties.

Suppose a pedestrian is walking on a sidewalk in front of a store. The sidewalk is icy, and they slip and fall onto the road. A passing motorist hits the pedestrian. An investigation could conclude that the store owners are at fault if municipal statutes require them to ensure the sidewalk in front of their store is safe for pedestrians, but they failed to treat the ice.

However, the vehicle driver and store owner could share responsibility if the investigation revealed the driver was intoxicated, speeding, or engaging in other hazardous behaviors that impaired their ability to avoid the pedestrian.

How can a pedestrian accident attorney help if you were in a pedestrian accident?

You may wonder if you’re liable for the accident or if you have grounds to pursue a pedestrian accident case if you were partially responsible. A car accident lawyer can investigate your accident and build your legal case so you receive fair compensation from those responsible.

The experienced personal injury lawyers at Adam S. Kutner, Injury Attorneys are here to guide you through every step of your pedestrian accident claim. We’ll explain the statute of limitations that applies to your case so you know how long you have to file a pedestrian accident lawsuit.