Pedestrians are in a vulnerable position on the road. This can lead to more serious injuries to pedestrians if they are involved in a motor vehicle accident. It is therefore incumbent on drivers to be attentive when operating their vehicle, but also for pedestrians to watch out for their own safety.
A tragic car accident involving a female pedestrian and a driver recently occurred in New Orleans. In the early morning hours, the female pedestrian was standing in the middle of a city street. While she was standing there, a vehicle came by and collided with her. The woman was taken to a nearby hospital for treatment, but later died as a result of her injuries. At this point, authorities are still investigating the cause and circumstances of the collision. Authorities performed blood alcohol tests on both the driver and the pedestrian, the results are pending.
It is important to note that in motor vehicle accidents involving pedestrians, both parties have a duty of care that they must meet. Drivers must apply reasonable care in the operation of their vehicle under the circumstances, to avoid creating an unnecessarily dangerous situation. Pedestrians must use reasonable care in their actions to protect their own safety. A violation of either of these duties may evidence negligent conduct by the party and impact the application of liability and compensation.
Negligent conduct by drivers includes speeding, distracted driving, failing to adhere to traffic signs, and failing to drive according to weather and traffic conditions. Pedestrians may be negligent if they fail to use designated crosswalks when crossing a street, ignore walk signals or unexpectedly enter the flow of traffic.
The determination of liability in a pedestrian accident is heavily reliant on the outcome of the accident investigation. Pedestrians that are injured in a collision with a motor vehicle may seek the assistance of a personal injury attorney to assess the circumstances of their case and pursue damages if available.
Source: KATC.com, “Police: Woman struck, killed while standing in street,” accessed on July 5, 2015