Being struck by a vehicle while walking on the street can be a terrifying and traumatic experience. Not only can it severely injure the pedestrian and those inside the vehicle, it can also cause them emotional trauma for the rest of their lives. The main reason why these accidents are so dangerous is due to the lack of protection that the pedestrian has against the force of a car. When someone hears of a pedestrian-vehicle collision, they automatically assume that the fault is that of the driver. While for the majority of cases, it is true, there are instances where the driver might not be at fault.
Following a pedestrian collision, there are a number of things that must be done, in addition to determining who is at fault for the accident. Surprisingly, pedestrian-vehicle collisions are not uncommon. In fact, in the year 2006, over 60,000 pedestrians were injured in a traffic accident, according to the National Highway Traffic Safety Administration. Just imagine hitting a pedestrian at a speed of over 30 miles per hour – the injuries and fatalities that come from those types of accidents can come from just driving at 10 miles per hour. Whether the driver or the pedestrian was at fault for the accident, prevention and knowledge on the ways to avoid these types of accidents should be learned by everyone who goes behind the wheel.
Every pedestrian that sets foot on the road and every driver that takes the wheel should understand who can be held responsible and what they should do proceeding an accident. The firm of skilled vehicle crash lawyers from Percy Martinez Law Firm that focuses on holding the negligent person accountable for the injuries done to the victim..
Fault in a Pedestrian-Vehicle Crash
The biggest question that comes from a pedestrian-vehicle collision is: “Who is at fault for the accident? As mentioned above, the majority of the time, the driver will be found at fault, but there are other times where the pedestrian could have contributed to the accident. Fault in this type of accident would be determined on the basis of negligence. Whoever failed to provide reasonable care would be deemed as having been negligent. Yet, both parties can be found to have been negligent. For example, the driver may be driving at a high speed, but at the same time, the pedestrian was illegally crossing the street.
With the example above, every state has their own rules as to how that situation would be treated. Some states have what’s called “pure contributory negligence”, while others have “comparative fault”. With pure contributory negligence, even if the pedestrian played the slightest role in their accident, they would not be able to recover for any damages. With comparative fault, the pedestrian would still be able to recover for some of their damages even if they partook in the accident.
Within the police report, they will usually indicate who they believe was at fault, which is a fact that the insurance companies will take into account, along with their own investigations.
Percy Martinez Law Firm Lawyers Giving Advice to Those in Need
Either party that believes that the other executed negligence, whether it is the pedestrian or the driver of the vehicle, they should seek the help of a miami personal injury attorney because every state has their own laws that vary drastically when it comes to automobile accidents.