Types of Injuries

Types of Pedestrian Injuries and Causes

Whether by choice or by necessity, a significant number of individuals (especially people living in large urban areas) choose to get from Point A to Point B using their own two feet. In some cities like New York City and Los Angeles, it may even appear as if there are more pedestrians on and near the roads as there are cars on the roads. As our society becomes more conscious about the environmental impact that cars have, one can reasonably expect that more and more individuals will choose to ride public transportation or “rideshare” and walk to their destinations. Although these may be considered positive developments, by no means do these developments mean that it has become safer for pedestrians to walk across or alongside roads.

Pedestrians have and continue to be endangered by careless or reckless drivers who do not pay sufficient care to their surroundings. These motorists can cause significant – and sometimes fatal – injuries to pedestrians. The law allows pedestrians injured by careless motorists to seek compensation for their medical bills, lost wages, pain and suffering, and other losses.

Pedestrian Injury Statistics

Each year, tens of thousands of pedestrians are injured in various accidents and incidents. According to the National Highway Traffic Safety Administration, in 2014 over 60,000 pedestrians suffered injuries as the result of pedestrian accidents. These included incidents in which pedestrians were struck by cars, motorcycles, trucks, and other vehicles. Although this number is down approximately 15 percent from the number of pedestrians injured in 2001 (over 75,000), this still means that a pedestrian in the United States is injured once every eight minutes.

There are certain factors which, if present, can make a pedestrian injury accident more likely to occur. These include:

• A driver who is distracted by a cell phone or otherwise not paying attention to the road;
• A driver who is speeding or disobeying traffic laws and signals;
• A driver operating a vehicle that is in poor repair or that has a dirty and/or broken windshield;
• A driver who is under the influence of alcohol or drugs;
• Pedestrians who walk at night without appropriate, easily-visible attire;
• Pedestrians who disobey crosswalk signals or who “jaywalk” and cross the street at places other than designated crosswalks;
• Pedestrians who attempt to cross the street without first looking for oncoming traffic.

Analyzing all of the facts and circumstances surrounding a pedestrian accident is the only way to determine whether the driver is at fault and liable to the pedestrian for damages, whether the pedestrian is responsible for causing his or her own injuries, or some combination of the two. In many states, pedestrians who acted carelessly or recklessly and thereby contributed to the accident may nonetheless recover compensation if the motorist is also responsible for contributing to the crash.

Succeeding with a Pedestrian Injury Lawsuit

If a pedestrian’s injuries are caused by a reckless or negligent driver, the pedestrian may file a lawsuit and seek compensatory damages from that driver. These monetary damages are meant to compensate the pedestrian for the injuries, losses, and expenses he or she experienced as a result of the crash. In order to succeed in his or her lawsuit, the pedestrian must prove:

• The driver of the car owed the pedestrian a duty of care. This element is almost always present in any case because the law imposes a duty of care upon motorists to operate their cars and trucks in a reasonable, prudent, and cautious manner and not to unreasonably jeopardize the safety of others – including pedestrians.
• The driver breached the duty of care by driving unreasonably. This element is usually in contention in a pedestrian injury case. Evidence that the driver of the car was speeding, disobeying traffic laws and signals, or otherwise operating his or her vehicle in a manner that a reasonable driver would not typically suffices to meet this element.
• The driver’s breach of the duty of care caused the pedestrian’s injuries. This element requires the pedestrian to establish a causal relationship between the driver’s careless behavior and the pedestrian’s injuries. If the pedestrian would have suffered injury regardless of the driver’s behavior, then this element may not be sufficiently established.
• The pedestrian’s injuries can be compensated through a monetary damages award. A court hearing a pedestrian injury lawsuit must be able to make the pedestrian “whole” by ordering the driver to pay the pedestrian money. If the pedestrian’s injuries cannot be compensated through money, then there is little the court can do.

Pedestrian injuries can be life-altering experiences and leave the injured pedestrian physically and mentally shaken for weeks, months, or even longer. The process of recovering from a pedestrian injury is long and can be painful: having the assistance of a pedestrian injury lawyer to gather evidence, depose witnesses, and present your case can help you advance your legal rights while giving you the ability to focus on your health and recovery. Contact the pedestrian injury law firm of Stern Law, PLLC at (844) 808-7529 today for assistance if you or your loved one was injured in a pedestrian accident.