The number of pedestrian accidents that occur each year is a serious issue in our nation. The National Highway Traffic Safety Administration reports that in 2019 alone, 6,205 pedestrians lost their lives and a further 76,000 were injured after being struck by a motor vehicle. Pedestrian accidents can occur any time of the day or night and in any type of weather.
If a motorist strikes a pedestrian and the pedestrian suffers injuries, the pedestrian may want to hold the motorist responsible for their actions. One way to do so is to pursue a personal injury lawsuit based on negligence. The following elements must be present to prevail in a negligence claim.
First is duty. All motorists have a duty to drive reasonably under the circumstances. Second is breach. A breach occurs when this duty is broken, for example, if the motorist strikes a pedestrian. Third is causation. The breach must be the cause of the pedestrian’s injuries and the consequences of the breach must be foreseeable. Finally, the pedestrian must have suffered compensable damages as a result of the breach.
There are ways motorists can do their due diligence to avoid causing an auto-pedestrian accident. First, it is important to be aware of your surroundings at all times. This is especially true if visibility is limited due to darkness, fog, rain or snow. When approaching a crosswalk motorists should slow down and be ready to reach a complete stop. Motorists must yield to pedestrians in crosswalks. Drunk driving should always be avoided as should distracted driving, drowsy driving and speeding. Finally, care should be taken when reversing to ensure there are no pedestrians behind you. If motorists follow these safety tips, they can avoid causing a motor vehicle accident involving a pedestrian.