January 24, 2017
According to the National Highway Traffic Safety Administration, NHSTA, a pedestrian is struck and dies every two hours and suffers an injury every eight minutes in some type of traffic accident. The majority of these fatalities, about 78% of them, occur in urban areas. Also, the majority of these situations, about 72% of them, occur while it is dark outside. As a result, it is pretty clear that the chances of being struck by a vehicle are increased when you walk around at night.
When pedestrians walk a night, they are increasing the risk that they are going to be involved in an accident with an automobile. In some cases, they can recover the compensation for the injuries sustained. However, to know for sure, they need to consult with a personal injury attorney.
Some of the types of losses that you can receive compensation for in a pedestrian accident include:
- Property damage
- Medical expenses
- Lost income
- Loss of a person’s quality of life
- Emotional and physical pain and suffering
In some situations, a pedestrian who is severely injured in an accident with an automobile will face significant losses. In fact, in some more serious cases, a pedestrian accident victim is able to recover compensation that reaches millions of dollars.
Factors that Increase the Chace of Nighttime Pedestrian Accidents
There are several factors that can increase the chances of a pedestrian accident occurring at night, which include:
- Low visibility (limited light)
- Impairment (drivers under the influence of alcohol)
- Pedestrian clothing (people wearing dark clothing)
- Adverse weather conditions (wet, icy or obstructed roads)
- Perception-reaction time
Determining Fault in a Pedestrian Accident
In some situations, a truck or car driver may make the claim that a pedestrian “appeared out of nowhere” and use that excuse to deny liability or claim they are not totally to blame for the accident. To prove this defense, you need to call attention to the human factors listed above, as well as environmental factors that may have been present. There are some situations where the driver may not be completely to blame for the pedestrian accident.
However, drivers still owe pedestrians a general duty of care that they are not going to operate their vehicle in a manner deemed negligent. For example, not seeing a stop sign is no excuse for running a stop sign, or hitting a pedestrian who was crossing the street. However, if all the street lamps were out and it was extremely dark, the pedestrian may have a viable defense of why they struck the pedestrian. This by no means eliminated the potential for the victim to recover compensation. There are some instances where partial recovery is possible when the fault of the accident is shared.
The best way to recover the maximum amount of compensation in a pedestrian accident is to contact the legal professionals at Bautista LeRoy. They can evaluate your case and determine whether or not compensation is possible.