Most auto accidents involve a car hitting another car, but there are situations where a vehicle hits a person when they are walking and unprotected. The rules of the road require that drivers exercise a duty of care to pedestrians and defer to or give the right of way to pedestrians whenever possible. That is, they are required to be extra cautious when driving in situations where pedestrians are in the area or likely to be. Just as any other auto accident, you do have rights if you are struck by a vehicle as a pedestrian. A knowledgeable attorney for an auto accident involving a pedestrian provides an overview of how to prove your claim against a driver and some tips for what to do after an accident.
Factors To Consider
In order to prove your claim, you will have to prove that the driver was at fault or mostly at fault for the accident that caused your injuries. That is, you would not have been injured but for the driver’s carelessness or failure to adhere to the rules of the road. These are the factors that an insurance company or a Court will consider when determining liability in an auto accident involving a pedestrian and how to proceed if you are injured in an auto and pedestrian accident.
- Which party was at fault or bears most of the responsibility. Auto accidents involving pedestrians are not always clear cut cases. Often, there is an issue of both parties being responsible for the accident. For example, if a pedestrian is lawfully crossing the street with the walk sign on and a driver runs a red light and hits a pedestrian, it is pretty clear that the driver will be liable for any injuries and damages suffered by the pedestrian. Similarly, if the pedestrian was crossing the street when the pedestrian signal is of an upraised hand symbolizing “Don’t Walk,” then the pedestrian could be found fully or partially at fault for failing to observe traffic laws. However, if a pedestrian is walking along the side of the road at night where there are no traffic signals and poor visibility, the driver might have some defense that they were unable to see the pedestrian given those conditions even with the exercise of due care.
- Whether the parties’ conduct was reasonable under the circumstances. The circumstances of the accident will determine whether the driver or pedestrian is at fault. There are a multitude of factors to consider when determining which party is responsible for the accident, such as:
- Time of day or night
- Visibility
- Weather conditions
- Traffic conditions
- Whether the area was marked with signs or traffic lights
- Whether the driver was abiding by traffic laws
- Whether the pedestrian was abiding by traffic laws
- Whether one of the parties was intoxicated or otherwise impaired
- Whether you were injured. The law requires actual injuries to sustain a claim for an auto accident of any kind. Usually, if a car hits a pedestrian it would be reasonable to expect that the pedestrian will be injured. Cars weigh significantly more than pedestrians and pedestrians have very little physical protection from being hit by a vehicle. If you are injured then you may pursue an insurance claim with the driver’s insurance company or a personal injury case against the driver for medical bills, lost wages, time off work and any impairment on your ability to work as well as pain and suffering.
- Whether the driver stayed at the scene of the accident. Whether the driver is responsible and stays at the scene of the accident does factor into liability. If the driver does not stop at the scene of an accident, for example, it is far less likely that an insurance company or a Court is going to view the driver as without fault. If you are injured in a hit and run accident, be sure to report the accident to the police and determine if there are any witnesses to the accident who may be able to help identify and apprehend the driver. Traffic cameras or surrounding businesses with surveillance cameras may have captured the accident. If the driver does stop at the scene of the accident, be sure to obtain the driver’s car insurance information, contact information, including email and telephone number, as well as his or her driver’s license information.
What You Should Do After The Accident
Here are some tips for what to do after an accident to make sure that you are safe and that you have the evidence to support and prove your claim.
- Be sure that you are safe. If you are hit by a car, be sure to be safely off the road, if you can.
- Contact the police and fill out a report. Be sure not to make any statements as to any liability on your part until you speak with an attorney. Obtain the name and badge number of the police officer who made the report.
- Unless you need medical attention, do not leave the scene of the accident until the police say that you can.
- Be sure to obtain the driver’s insurance information and contact information as well as the contact information of any witnesses.
- Be sure to get medical attention, if you need it, at the scene and to be examined by a physician after the accident. Many people injured in an auto accident do not always know right away if they are injured or it takes a few days for all of their injuries to become clear.
- Take note of any details of the scene of the accident. For example, a driver acting erratically or appearing to be intoxicated, texts from witnesses on cell phones, or traffic lights with cameras would all be important details that could help shed some light on who is responsible for your injuries or the events that led to the accident.
- Take photos and video of the scene of the accident with your phone. Be sure to keep the original photos on the phone so that they can be used as evidence.
Seek an Experienced Auto Accident Involving A Pedestrian Attorney
Our tenacious Decatur attorneys for an auto accident involving a pedestrian are available to assist you with your claim. Contact McCarthy, Rowden & Baker at 800-373-6050 for assistance.