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Pedestrian accidents pose significant risks, often leading to serious injuries or fatalities. Understanding the causes, liability, and your legal rights is essential for seeking justice and compensation. If you find yourself involved in such an incident, it's crucial to consult an attorney near you for guidance and support.
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This blog post provides an overview of pedestrian accidents, including their causes, liability, and legal rights. Learn how to establish negligence in pedestrian-car accidents and find out what steps to take if you're involved in one. Consult an attorney near you to ensure your rights are protected and pursue the compensation you deserve.
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Flat vector illustration of a pedestrian accident scene, depicting a person crossing the street as a car approaches, with legal symbols like scales of justice in the background, representing legal rights and liability.
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Feb 28, 2025 11:33 PM
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Pedestrian Accidents Overview: Understanding Causes, Liability, and Legal Rights
Pedestrian accidents are a serious concern, often resulting in severe injuries or fatalities. Understanding the causes, liability, and legal rights associated with these accidents is crucial for protecting yourself and seeking compensation. In this post, you'll find an overview of pedestrian accidents, including how negligence is established and what steps to take if you're involved in one.
💡 For every post in this series, scroll down to “Related Posts.”
Pedestrian Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), more than 6,500 pedestrians were killed and nearly 55,000 injured in traffic accidents in 2020. These accidents often occur when pedestrians attempt to cross highways or local streets, particularly at night. In addition to vehicular accidents, non-vehicular pedestrian accidents can occur due to poor maintenance, sidewalk defects, or debris.
Establishing Negligence in Pedestrian Accident Cases
To recover damages in a pedestrian accident, the injured party must prove negligence. This involves demonstrating that the defendant:
- Owed a legal duty to the plaintiff
- Breached that duty through action or inaction
- Caused an accident or injury
- Harmed the plaintiff, resulting in damages
Potentially liable parties include the driver of the vehicle, the party responsible for maintaining the area where the accident occurred, or the pedestrian themselves.
Pedestrian-Car Accidents
In pedestrian-vehicle accidents, both motorists and pedestrians must exercise reasonable care. Common factors contributing to driver negligence include:
- Distracted driving
- Speeding
- Failing to yield the right of way
- Disobeying traffic signals
- Driving under the influence
Drivers have a special duty of care to children, who are at greater risk due to their size and unpredictability.
Pedestrian's Duty of Care
Pedestrians must also exercise reasonable care for their safety. Factors contributing to pedestrian negligence include jaywalking, entering traffic, and failing to use crosswalks. In contributory negligence systems, even slight responsibility can bar recovery, while comparative negligence systems allow recovery based on the degree of fault.
Conclusion
Pedestrian accidents can have life-altering consequences, but understanding your legal rights and seeking assistance can help you pursue the compensation you deserve. If you're involved in a pedestrian accident, consulting with a personal injury attorney can help you navigate the legal process and ensure your rights are protected. ReferU.AI is the only platform that leverages AI to efficiently and accurately assess each user's unique legal needs and objectively recommend attorneys based on their proven success in similar cases according to actual court records. By providing smarter results, users gain easier access to better representation and outcomes. Visit ReferU.AI to find an attorney near you.
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