Picture this: You hit the button at a crosswalk and patiently wait until the light-up sign at the other end of the road signals you to cross. You’re only a few steps into the street when a car strikes you because the driver wasn’t paying attention.
Distracted driver and pedestrian accidents like this happen more than you might think. If you find yourself in this situation, you might be wondering how to seek compensation for your injuries. Learn more about pedestrian traffic collisions, who’s liable for them, and options for victims.
Exploring the Dangers of Distracted Driving
Motorists must be cautious every time they’re behind the wheel. Their main focus should be on the road ahead and their surroundings, rather than outside distractions. Even the slightest distraction could cause them to take their eyes off the road or lose control of their vehicle.
Common distractions for motorists include:
- Texting while driving
- Talking on the phone or to passengers
- Adjusting radio dials
- Using a car navigation system
- Eating or drinking
Unsafe driving habits like these not only endanger drivers but they can also harm their passengers, other motorists, bicyclists, and pedestrians.
The Role of Driver Negligence in Pedestrian Injury Cases
When reviewing a distracted driver and pedestrian accident, the court may find the motorist negligent for their behavior. To establish negligence in a personal injury case, the following elements must apply:
- Duty of care: Drivers have a responsibility to act in a way that keeps others safe.
- Breach of duty: Texting while driving or engaging in another distracting behavior could breach a motorist’s duty of care.
- Causation: The driver’s actions may directly cause harm to others, such as a pedestrian or other motorist.
- Damages: The victim incurs quantifiable losses as a result of the accident. This could be medical expenses to treat an injury or property damage.
If an injured pedestrian can prove a driver’s negligence, they may be able to pursue damages through the at-fault driver’s insurance company.
Is the Driver Always Liable for Pedestrian Injuries?
When it comes to distracted driver vs. pedestrian accidents, you might assume that the person behind the wheel is always responsible for a pedestrian’s injuries. The fault typically lies with the vehicle’s operator if they’re distracted.
However, attentive drivers aren’t always at fault. Other individuals or entities could be held liable, including:
- Municipalities: It’s up to government agencies to maintain roadways. If they fail to accurately mark or maintain crosswalks, victims could take legal action against them.
- Manufacturers: Defective car parts, such as faulty brakes, may contribute to accidents. In this case, the parts manufacturer could become the defendant in a personal injury suit.
- Driver employers: Suppose an accident involves a commercial vehicle. The company they work for may be liable for their role in the collision.
- Event organizers: Perhaps a vehicle strikes a pedestrian on a roadway that’s supposed to be closed due to an event. The person or business in charge of organizing the function is responsible for planning necessary road closures.
- Pedestrians: A pedestrian could be at fault for their injuries if they don’t follow crosswalk safety measures. Jaywalking or ignoring traffic signals could potentially lead to an accident.
Discuss Your Case With an Experienced Personal Injury Lawyer
Distracted driving is on the rise all across America, and it’s no wonder pedestrian accidents are increasing as well. If you’ve been injured by a distracted driver and need legal advice, contact Ostroff Godshall Injury and Accident Lawyers. We represent clients who endure physical, emotional, and financial harm due to the negligence of others.
Review your legal options with a knowledgeable attorney and determine your next steps. Call our firm at (855) 521-4406 to schedule a free consultation.
Frequently Asked Questions (FAQ):
Q: Who is at fault if a distracted driver hits a pedestrian in a crosswalk?
A: Typically, the distracted driver is at fault. However, other parties like municipalities, manufacturers, or even the pedestrian, could also be held liable depending on the circumstances.
Q: What is “duty of care” in a personal injury case involving a distracted driver?
A: “Duty of care” refers to the responsibility drivers have to act in a way that keeps others safe on the road. Distracted driving breaches this duty.
Q: Should I contact a lawyer if I’m injured by a distracted driver while walking?
A: Yes, it is advisable to discuss your case with an experienced personal injury lawyer to review your legal options and determine the next steps to seek compensation for your injuries.
