A car accident occurs about every 30 seconds in the United States. Over 90 deaths every day are as a result of car accidents, some of which may involve pedestrians as well.
This is why the big car companies are aiming for the finished line of autonomous vehicles. These are cars that will drive themselves. There are luddites out there who say they will never be in a car that they are not in control of, well, these types of cars will take years to win over some people and some people may just die ignorant, that is not uncommon.
Meanwhile though, human beings need to drive safer and control the technology they are in command of. Too many Americans are dying on the roads!
Drivers are legally obligated to be extra precautionary when pedestrians are present in the vicinity and if they fail to exercise the standard of caution required and end up causing an auto accident which leads to injuries or a pedestrian’s death then the driver can be held liable for the car accident and its consequent damages.
This means, as per accident lawyers in Newport, VT who can be found on the All Star website of USAttorneys.com that helps thousands of people every week, that either the driver or his or her auto insurer, depending on the state laws in effect, will have to pay for the damages caused as a repercussion of the car accident.
There could be criminal charges involved as well depending on the circumstances. And that is not good at all.
Is the driver always at fault in a car vs. pedestrian accident?
However, it is not always the case that the driver was negligent in causing the car accident. Sometimes the fault may be on part of the pedestrian himself or herself. In this article we will look at some topics covering this subject briefly, namely, the driver’s duty of care, when a pedestrian is responsible for an auto accident, and what happens when the car accident is a result of negligence on part of both the driver and the pedestrian.
The driver’s duty of care
As per state laws a motorist is subjected to a duty of care which stipulates that the driver must operate a vehicle with care and consideration towards others using public roads. This includes other motorists and pedestrians as well.
When things are escalated to court, whether or not the driver satisfied his duty of care will be determined usually by hypothetically putting a reasonable person in the driver’s situation and assessing how they would have driven, and what sort of safety measures they would have taken in the same situation. If it is found that the driver’s actions were lacking, then he or she will be considered to have violated the duty of care.
When is a pedestrian responsible for an accident?
According to the Pedestrian and Bicycle Information Center, pedestrians account for 14% of all traffic deaths but only around 11% of total trips. These numbers are hard to quantify though because transportation professionals are not sure how much people walk or how much time people spend crossing streets on foot and so on. Though we do know that when you are walking around three to four thousand pound vehicles, you need to be very careful.
In scenarios where the pedestrian acts in a way which makes it extremely challenging for anyone driving in a normal, cautious manner to have avoided the crash then the onus is on the pedestrian.
In such situations the judge or jury in charge of the case will usually pass a decision citing that the pedestrian caused the accident and thus was at fault for the accident.
Instances or examples which may qualify as pedestrian negligence or fault in a car accident are things such as: a pedestrian suddenly running out into the road and the driver having little or no time to react, brake, and stop or a pedestrian in dark clothing walking along a freeway or road at night, and so on.
When both the driver and the pedestrian is at fault for the car accident
In some accident cases, both parties or all the parties involved, may be at fault to a certain extent. In such cases, the state laws will determine who is liable for the damages and how much they are liable by. Some states have shared fault laws, some state have no fault laws, and what not.
Talk to a sensational Vermont accident lawyer today if you are involved in an auto accident and need legal help in recovering compensation for damages.