Pedestrians are constantly on the lookout. Although they have the right of way, they must constantly be alert when interacting with vehicles in certain destinations such as crosswalks and intersections. Unfortunately, pedestrian accidents have been on the rise.
According to the Governors Highway Safety Association, there were 6,721 pedestrian deaths in 2020, representing a 4.8 percent increase over the previous year’s numbers. Given the increase in reckless driving behaviors during the pandemic, it is no surprise that the number of pedestrian deaths from fatal traffic accidents has increased.
There are many reckless driving behaviors that cause serious harm to pedestrians. Some of these driving behaviors involve failing to obey traffic signals, distracted driving, speeding, driving too fast to stop, and driving while under the influence. All of these reckless driving behaviors have one thing in common: they all represent an act of negligence on the part of the driver. Regardless of whether a pedestrian should have been walking in the crosswalk or not, a driver can still be held liable for any injuries the pedestrian sustains if the driver’s actions were deemed negligent.
A driver can be held liable for negligence when the driver has failed to act with reasonable care, and a person has experienced serious harm or injury as a result of the driver’s actions. Although negligence seems like an easy element to prove, it is actually more difficult to prove in court. There are four factors that a car accident attorney must prove in order to prove that the driver was negligent.
This factor indicates that the defendant had a legal duty of care against the plaintiff. Because all drivers have a legal duty of care to operate a motor vehicle in a responsible and safe manner, this element is already proven.
This factor indicates that the defendant violated their duty of care. A violation can be an action, or a failure to act, that the defendant took without a reasonable level of caution. In a pedestrian accident, the driver operating the vehicle in an unsafe manner can serve as proof of the driver’s breach of duty.
This factor indicates that the defendant’s breach of duty was responsible for the plaintiff’s harm or injury. In the case of a pedestrian accident, the pedestrian’s injuries can serve as proof that the driver’s actions caused harm to the pedestrian.
The last factor indicates any financial compensation that the plaintiff is requesting for the injuries sustained. In the case of a pedestrian accident, the pedestrian can use their medical expenses or other financial damages for this factor.
When you or a loved one are victims of a pedestrian accident, you are entitled to just compensation for the negligent actions of a motor vehicle driver. Do not hesitate to reach out to a Bucks County pedestrian accident attorney at Solomon, Sherman & Gabay today. Call us today at 215-665-1100 to schedule a free consultation.