According to the Governors Highway Safety Association (GHSA), pedestrian deaths have reached the highest level in decades.
While this is concerning in and of itself, it’s particularly concerning when you consider that most of us are pedestrians at one point or another. Whether we’re crossing the street to get to our parked vehicle or we’re jogging 6 miles to work every morning.
The GHSA, a nonprofit group representing the state and territorial highway safety offices, identified several factors contributing to the increase in deaths, including:
With respect to population growth, it’s no surprise that the 10 states with the highest population growth from 2017-2018 (Arizona, Colorado, Florida, Idaho, North Carolina, Nevada, South Carolina, Utah, Texas, and Washington) experienced a 5% increase in the number of pedestrian fatalities during that time period.
The GHSA also found that most fatal crashes take place after dark and alcohol played a role in almost half of all fatal pedestrian accidents, whether it was the driver or pedestrian who was drinking.
All states require motor vehicle drivers to exercise reasonable care to avoid hitting pedestrians. In addition, most states have enacted laws outlining specific actions drivers must take concerning pedestrians.
In the vast majority of states, drivers are required to:
Just like drivers, pedestrians are also required to exercise reasonable care when navigating the sidewalks and roads. Most states require that pedestrians:
If a driver breaches their duty to drive with reasonable care or violates a pedestrian law and a pedestrian is injured as a result, the driver can be sued for negligence.
Similarly, if a pedestrian fails to navigate the roads with reasonable care or violates a pedestrian law and a driver is injured as a result, the pedestrian can be sued for damages.
In some cases, both the driver and the pedestrian are at fault for an accident. Here’s an example:
In the above example, a court could reasonably find that both Tom and Bill are responsible for the accident. What this means for Bill’s ability to recover damages depends on the state in which the lawsuit is filed.
Generally speaking, states follow 1 of 3 shared-fault rules:
The purpose of damages in a personal injury lawsuit is to compensate the injured person for the harm they suffered. The idea is that the compensation should “make the person whole again.” To this end, most states allow injured pedestrians to recover the following damages:
Medical expenses, lost wages, and property damage are all relatively easy to calculate. These types of damages are called economic damages.
It’s much more difficult to put a price tag on the pain and suffering and emotional distress that results from a pedestrian accident. These types of damages are called non-economic damages, and both insurance companies and lawyers have a general formula they use to estimate these damages.
As a pedestrian, you lack the steel armor that motor vehicle drivers are equipped with. Consequently, you must stay alert at all times while walking or running near motor vehicles. Even if you have the right of way, don’t assume that drivers see you. You may be right, but you have everything to lose.
The Centers for Disease Control and Prevention (CDC) urges that pedestrians do 3 things to stay safe:
If you’re involved in a pedestrian accident, your first concern should be your safety. Call emergency services (911) or have someone call them for you.
Once you’re certain that you’re safe, gather the following information or have someone gather the information for you:
As you recover, be sure to keep track of all your medical expenses.
In addition, it’s a good idea to keep a post-accident journal to document the day-to-day impact of the accident on your life.
Finally, don’t hesitate to use the Enjuris lawyer directory to locate a personal injury attorney in your area so you can begin the process of recovering compensation for your pedestrian accident. Most attorneys offer free initial consultations and they can help you with everything from negotiating an insurance settlement to taking your case to trial.