Pedestrian Versus Car: Who Is At Fault?
Author: Auger Law | November 26th, 2014
According to statistics provided by the U.S. National Highway Traffic Safety Administration (NHTSA), more than 4,000 pedestrians are killed by vehicles each year. Greater than 70,000 pedestrians are injured by motor vehicles. You may have been led to believe that the operator of the vehicle was always at fault in these incidents, but that is not always the case.
Pedestrians Have Rights
It is true that pedestrians have rights. But they also have duties. As a pedestrian, you have the right-of-way in a crosswalk, on a private sidewalk, on a public sidewalk, and on public roads.
You have a duty to obey traffic signals and signs, walk on the sidewalk where one is provided, walk along the shoulder facing traffic when a sidewalk is not available, and behave reasonably and carefully at all times.
Causes of Vehicle versus Pedestrian Accidents
There are many causes when it comes to vehicle versus pedestrian accidents, and not all of those causes rest on the shoulders of the driver.
Pedestrians cause accidents when they ignore traffic signals, jaywalk, walk outside of marked crosswalks, choose not to walk on the sidewalk, or walk while intoxicated. Drivers cause accidents when they fail to yield to pedestrians, do not obey speed limits, drive while distracted, drive while intoxicated, or experience vehicle failure.
The Most Common Injuries
It is not difficult to imagine the injuries that you might sustain if you were struck by a vehicle while walking down the road. Primary injuries are those that are caused by the impact with the vehicle; secondary injuries are caused by the force of the impact and the resultant landing, wherever it may be.
Some of the most common injuries seen by emergency medical personnel in pedestrian versus vehicle accidents include:
- Lacerations to the scalp, bruises, cuts to the body, and scrapes
- Concussions, hemorrhages, hematomas, and brain swelling
- Scrapes, cuts and contusions on the face, hands and arms
- Injuries to the spinal cord
- Sprained or torn ligaments
- Fractures
When You Are Injured By a Vehicle
If you, as a pedestrian, are injured by a vehicle, there are immediate steps to take. Seek medical attention as soon as possible and, if you are able, record details of the accident. At a minimum, you should get the driver’s name, contact information and insurance information. If you are injured in such a way that you are removed from the scene by ambulance, the police will gather this information for you.
If you have been the victim of an accident and were struck by a vehicle, the personal injury lawyers at Auger & Auger are here to help you build your case. We can help you determine if the vehicle driver was at fault, and we can help you fight for the compensation you are due. Contact our Charlotte pedestrian accident attorneys today for a free, no-obligation consultation. We are standing by to assist you during your time of need!
