Understanding the Consequences of Pedestrian Accidents: What to Do If You Are Involved
Accidents are more common than you think. Globally, the most common type of traffic accident is a pedestrian accident. Find out what happens if you accidentally hit a pedestrian. Can a pedestrian sue if hit by a car, and what happens if you hit a pedestrian and they die? How long does it take to settle a pedestrian accident? Get answers to your legal questions about compensation from our experienced accident lawyers at Royce Injury.
Pedestrian Accidents Statistics: Why Such Accidents Happen?
According to the Preliminary data collected by the Governors Highway Safety Association, pedestrian accident fatalities have increased by 54% more than the fatalities due to any other type of traffic accident. In a 2022 report by National Highway Traffic Safety Administration (NHTSA), approximately 6,516 pedestrians lost their lives to pedestrian accidents, and nearly 55,000 were injured.
What are the main causes of pedestrian accidents?
The main causes of pedestrian accidents are as follows;
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- Distracted Driving: Distracted driving is more common among young adults and teen drivers, according to a survey by the Centers for Disease Control and Prevention. Almost half of pedestrian accidents happen due to using a cell phone while driving. Distracted driving is also one of the main cause of bicycle pedestrian accidents.
- Drunk Driving: Pedestrians are often run over by drunk drivers. According to the statistics of the National Highway Traffic Safety Administration (NHTSA), 11,654 people lost their lives to drivers who were under the influence of alcohol — a 14% increase in pedestrian accidents.
Who Is Liable in a Pedestrian Accident?
In a pedestrian accident, the liability can be on both the driver and the pedestrian. This may depend on the circumstances in which the accident occurred, and the degree of duty of care each party owes to the other on the road. Generally, vehicle drivers have to exercise reasonable care and observance of traffic laws on the road while driving. If they fail to do so, they are liable to pay compensation to the pedestrian(s) who got injured by their negligent driving on the road. In most cases, the pedestrians can be a child who does not have a sufficiant sense of road rules, so it is the responsibility of the drivers to exercise care.
What happens if a pedestrian causes an accident?
A pedestrian can also be liable in a pedestrian accident if they also fail to observe due care while crossing the road or walking on the crosswalk. In situations where an accident happened due to the negligence of a pedestrian, they will be responsible to pay damages even if they are the ones who sustained injuries in an accident. However, it is a rare case scenario, and the vehicle drivers usually have a higher degree of duty of care expected from them.
What to do After a Pedestrian Accident?
If you have met a pedestrian accident, you should;
Seek proper medical attention and focus on recovering as soon as possible:
The first thing to do after a pedestrian accident is to see medical assistance for your injuries. Be sure to keep all the medical bills, expense receipts, and doctors’ opinions with you since they are crucial pieces of evidence to determine how much compensation you are entitled to receive from the vehicle driver.
Consult a pedestrian accident attorney to take legal action:
Consult an accident attorney as soon as possible to understand the legal options available to you to win fair compensation. In most cases, your insurance company or the insurance company of the at-fault party covers the damages in case of a pedestal accident. However, some pedestrian accident cases have a fair chance of winning better compensation through personal injury courts. You need an expert accident attorney to tell you what happens when a car hits a pedestrian and how you can use them in court for compensation.
Negotiation with the insurance company:
If you are considering accepting the compensation offered by the insurance company, it is better to consult a pedestrian accident lawyer first. The accident attorney will help you to negotiate fair terms with the insurance company.
Pedestrian Safety Tips: How to Avoid Accidents?
Pedestrian accidents are preventable. According to the overview of the National Highway Traffic Safety Authority. the pedestrian deaths that happened in 2020 were all preventable. Unfortunately, a majority of the victims in pedestrian accidents are children, young adults, and old people who are often run over by drivers who are driving under the influence of alcohol or those who are distracted or rash driving. Here are some helpful tips for drivers and pedestrians on how to reduce pedestrian accidents and gives you can insight about what happens when a pedestrian is hit by a car.
For drivers:
Drivers need to obey traffic rules while driving vehicles on the road. They have to maintain their concentration on the road and avoid using a cell phone, texting, watching videos, taking a meeting, doing makeup, changing clothes, reaching out for things, multitasking, etc, while driving the car. If they are on some medicine, that tends to temporarily impair their sense of judgment, they should avoid driving at that time.
For pedestrians:
Pedestrians must look both ways before crossing the road, and they’re also required to away the traffic rules while working on the sidewalk or zebra crossings. Some pedestrians Rush to cross the road and are often hit by passing-by cars. Most of the distance is children. In bike pedestrian accidents, young people often get harmed in the collision between a bike and a pedestrian on the sidewalks.
Bottom Line
Pedestrian accidents take long to settle, depending on the complexity of the case. If a pedestrian dies in an accident, the diver will be tried for involuntary manslaughter. If you have suffered in a pedestrian accident, don’t settle for compensation from your insurance company if you have better chances in a personal injury lawsuit. You can turn to our Kansas City accident lawyer at Royce Injury.
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