Thousands of pedestrians are killed or seriously injured in accidents every year, and often times it is due to negligence. In many cases, the driver of a vehicle owed a legal duty to the plaintiff, breached that duty, and caused injury to the plaintiff. Sometimes, there is more than one person responsible for a pedestrian-related accident, including the pedestrian themselves. However, in many cases, liability falls on the driver.

A driver must always exercise reasonable care to a pedestrian, given the circumstances. If they do not, it is considered negligence. Ways that drivers can act negligently include distracted driving, speeding, failing to yield the right of way, disobeying traffic signs, failing to signal, and driving under the influence. A pedestrian owes a duty of care to themselves as well. Pedestrian negligence may include ignoring the "walk" sign at an intersection, entering traffic, failing to use crosswalks, and darting in front of a vehicle. (1)

Damages in a Pedestrian Accident

If you have been involved in a pedestrian accident, you may be able to bring forth damages in a personal injury lawsuit against the liable party. Some of these damages include the following:

  • Medical Expenses: A negligent driver must pay a pedestrian's medical expenses, unless the circumstances tell otherwise.
  • Lost Wages: If a pedestrian loses work because of injuries stemming from the accident, a responsible driver must compensate them. Wages can vary depending on the pedestrian, but the liable driver must still pay either way.
  • Pain and Suffering: If a pedestrian has constant pain from an injury, how much is it worth? This can become a controversial question. Pain and suffering damages may be awarded based on evidence.

There are many things you must keep in mind if you are a pedestrian who has been injured in an accident. One of the most important things to keep in mind is the statute of limitations on your injury case. (2) If you have been injured and have questions about bringing forth a lawsuit, call us today. We will answer all of your questions and help you file your claim.

(1) http://injury.findlaw.com/car-accidents/pedestrian-accidents-overview.html

(2) http://www.nolo.com/legal-encyclopedia/what-the-car-accident-statute-limitations-california.html