You are crossing the street on your way to work when struck by a vehicle. You had right of way, but the driver was texting and had failed to yield. You have a broken wrist and nose, along with other lesions. What can you do about this situation? Pedestrian accidents are a branch of personal injury incidents that can affect anyone. As a pedestrian, you are entitled to certain precautions and attention from other drivers. When a pedestrian accident occurs, it is the innocent pedestrian that may be hit with larger damages. Aren’t familiar with pedestrian accidents? Here is a rundown on these types of incidents, and also what you should do if involved in one.
What Qualifies as a Pedestrian Accident?
What qualifies as a pedestrian accident, and how can you tell if you’ve been in one? In simple terms, a pedestrian accident is an accident involving a pedestrian and a car, motorcycle, or bicycle. These accidents can happen in sidewalks, parking lots, public parks, and any other space where people can walk.
Types of Pedestrian Accidents
Some types of pedestrian accidents may include:
- Pedestrian getting hit by a vehicle while trying to cross the street when the vehicle is making a right turn
- When a vehicle fails to make a stop to yield for a pedestrian to cross at an intersection marked with a stop or yield sign
- When a pedestrian is crossing an unmarked roadway that isn’t a crosswalk or jaywalking, in this case, a pedestrian may be partially found responsible for their injuries
While pedestrians have to follow the rules of the road and stick to crosswalks (whether unmarked or not), cars must also yield to pedestrians and make sure to safely allow them to cross the street. A pedestrian accident can cause more injuries toward the pedestrian than the vehicle or bicycle.
Causes of Pedestrian Accidents
What are the causes of pedestrian accidents? Pedestrian accidents can be narrowed down to a few specific causes, such as:
- Failure of a driver/motorcyclist/bicyclist to yield and give right of way
- A driver/motorcyclist/bicyclist having poor visibility
- A driver/motorcyclist/bicyclist being under the influence of drugs, alcohol, or medication
- A pedestrian running onto the road, crossing a roadway or intersection improperly, and standing or working on a roadway
Can I File a Lawsuit for a Pedestrian Accident?
A personal injury lawsuit in wake of a pedestrian accident can be filed if there is enough evidence to prove the accident occurred due to negligence or recklessness of the driver. There must also be proof of injury on the pedestrian. Possible financial compensation could be acquired from a personal injury pedestrian accident lawsuit to cover expenses such as medical treatment and loss of wages if unable to work due to injury.
Were you caught in a pedestrian accident? Sit down with an expert personal injury lawyer to discuss your case and explore legal options. For a personal injury attorney in Rancho Cucamonga, call Lerner, Moore, Silva, Cunningham & Rubel.