What is Pedestrian Negligence?
Updated: Feb 24, 2022
Pedestrian negligence can often result in severe personal injury. When a vehicle hits a person crossing the road, there might be a fatal end. In most cases, pedestrian accidents are due to the carelessness or negligence of a driver. However, there are situations where the actions of a negligent pedestrian can lead to an accident. Today we discuss the concept of pedestrian negligence and how this can affect settlement from the insurance company in these types of incidents.
Legal Protection for Pedestrians
Typically, pedestrians have various protection by St Louis injury laws that are put in place in and around the roadway. In most cases, drivers need to yield to pedestrians in an extensive range of situations while navigating their vehicles. A motorist is required to treat every intersection and corner as a crosswalk, whether it is marked or not.
Pedestrians are expected to obey all traffic signals accordingly, and if there is no marked crosswalk, they must proceed with caution. A responsible pedestrian should only cross the street if there is sufficient space between vehicles on the roadway.
If there are no traffic signals in place, drivers need to yield and stop until pedestrians have crossed. In the case a vehicle has stopped to allow pedestrians to cross, any car behind it may not pass or overtake the stationary automobile.
What Are Examples of Pedestrian Negligence?
There are many situations that might be considered pedestrian negligence, which could leave the individual at fault for the accident.
● Walking along roadways or crossing railways with no pedestrian markings means that the person is responsible for their own actions. They must be accountable for themselves and take note of the risks of this behavior.
● If pedestrians are under the influence of drugs or alcohol, it could hinder their decision-making abilities. That could adversely affect the way they cross the road and could be difficult for drivers to predict the impaired person's actions.
● People who do not follow traffic laws, cross roadways illegally, and don't follow traffic signals could be at fault if any accidents occur.
● Acting carelessly or recklessly when crossing a roadway, such as wandering in and out of traffic, may be considered pedestrian negligence.
Pedestrian Negligence and Premises Liability
Premises liability is the legal area based on damages to the public due to the property owner or possessor's lack of upkeep. They have to warn people of any hazards before entering the property or put signs around a dangerous area in the estate.
If damages were to be recovered, the injured party must prove that unreasonable risk was posed and that the establishment failed to make them aware of this.
While property owners are responsible for any dangerous conditions on their land, they usually are only charged if due care hasn't been taken to inform visitors.
If the accident happens on the sidewalk outside of an establishment, pedestrians may need to claim compensation from the state.
What if Pedestrian Negligence is Involved with an Automobile Accident?
When you have been involved in an accident caused by pedestrian negligence, you may need to speak to a St Louis pedestrian accident lawyer to assist you with your case as soon as possible. Generally, in a pedestrian accident, motorists are viewed as the at-fault party. More often than not, pedestrian negligence needs to be proven so that you have sufficient support in the courts.
Pedestrian negligence requires extensive investigation to help determine liability. One of our car accident lawyers can help you uncover evidence that may support your case against the pedestrian's negligence. This evidence could include eyewitness statements, accident reports, photo or video surveillance, and more.
In some cases, people who may be legally responsible for the accident might blame you for the negligence that caused the incident. It is wise to remain calm and follow these steps to protect yourself.
● Make sure to call the police immediately
● Stay at the scene of the accident until help arrives
● Gather the names and phone numbers of any witnesses
● Don't make any statements to anyone, except for the police in your state
It helps to get your case information sooner, as you might struggle to find these details after the incident. Once the case is brought to court, an attorney can aid you in relaying all relevant evidence to the judge. Call us for help, today.