A pedestrian who is struck by a car will usually have a long road to recovery. That recovery usually starts with a trip to the emergency room to determine the extent of the injuries. Each year, around 5,000 pedestrians are killed in these accidents throughout the country. That sad fact is one that can't be overlooked. Once a pedestrian is struck by a vehicle, whether the pedestrian is injured or killed, claims for compensation can be made against the driver of the vehicle. This will involve several points.
What factors are considered in a pedestrian injury case?
In order for a claim to be made, the motorist had to have had a duty to the pedestrian. The motorist has to have failed to keep that duty. The failure of the motorist to keep that duty had to cause an accident. The accident had to have harmed the pedestrian.
Is the driver the only person who can be held liable?
The driver is only one of the possible parties who can be held liable in a claim for compensation in a pedestrian accident case. It is possible for others, such as vehicle manufacturers, insurance companies and others to be held responsible. In the case of a claim made against a vehicle manufacturer, the accident would have had to be caused by a defect in the vehicle and not the driver's actions.
What actions by a driver could lead to a failure to fulfill the duty to the pedestrian?
Speeding, distracted driving, failing to obey traffic signals and driving drunk are a sampling of driver actions that could lead to a failure to fulfill the duty to the pedestrian. The reason the motorist failed to fulfill their duty is a primary factor in claims for compensation.
Source: FindLaw, "Pedestrian Accidents Overview," accessed Aug. 18, 2016