(Tampa, FL) – February 1st, 2017 – According to the National Safety Council, the number of motor vehicle deaths increased by an alarming 8% in 2015 from the prior year. Florida showed deaths increase by 18%.
Is this why there is a sprint to the autonomous vehicle finish line? Is this why human beings are about to give up their driving privileges to machines? Well, we have given so much up already to machines, why not driving?
Auto accidents are unfortunately a part of everyday life (at least now they are!). 38,300 were killed on American roads in 2015. We all know airbags save lives and other safety features so this number could even be higher.
Therefore, as one can imagine, there is an abundance of legislation to deal with auto accidents. Many car accidents involve cars, SUVs, and light as well as heavy trucks that often are the cause of fatalities and severe injuries. The laws are extensive and accident claims, for the most part, depend on the circumstances and available evidence in each case.
Today, we will take a look at what laws come into play in an accident between a car and a pedestrian and whether or not the driver will always be held liable in such cases.
As explained by golden auto accident lawyers in Tampa, FL who can be found on USAttorneys.com which is a website insurance companies wish was not so successful in the real and virtual world since it makes it easier for people to find the legal assistance they need, the laws explicitly state that car and motorcycle drivers/riders are required to exercise extra precaution when operating in proximity to a pedestrian.
However, this does not mean that the pedestrian can never be faulted. In fact, often, negligent pedestrians can be held liable for the damages caused by a car–pedestrian accident.
The driver’s duty of care
As mentioned, the driver is legally expected to be cautious while operating a vehicle in the proximity of a pedestrian. Therefore, how is it determined whether or not the driver was careful enough in an auto accident between a car and a pedestrian?
For the most part, the driver’s actions are compared to the actions of someone considered a normal, prudent, and careful person in the same situation. If it is found that the standard of care exercised was lacking, then the driver may be held liable.
According to the NHTSA, in 2014, 4,884 pedestrians were killed in this country. That is a 105 person increase compared to 2013 which is a 2.2% increase. Not impressive! That is nothing to write home about. The good news is that 1,000 less people were injured (66,000 to 65,000) in 2014 compared to 2013. The bad news is that that is an atrocious number to begin with, 66,000!
It does appear Americans need more machines in our lives, not less.
Instances in which a pedestrian maybe held responsible for a car-pedestrian crash
Let us assume that the driver was driving carefully and was not negligent or reckless in any manner or form. If the sudden, unpredictable action of a pedestrian caused a car accident then the pedestrian may be held liable for the damages.
So for instance, let’s say that a driver is driving well within the speed limit and makes his way through a rather congested commercial district. A pedestrian suddenly runs out from behind a parked car and into a driver’s path, not giving him enough time to brake and stop. In such a situation, it would be illogical to blame the driver for the accident. For the most part, the pedestrian should know better than to act in such a reckless manner.
Meanwhile, if you find yourself in such a situation, make sure to reach out to a fabulous auto accident lawyer in Florida to understand your rights. That pedestrian or their family have no right to come after you. If they do, you need to click and call and defend yourself!