A guide to pedestrian injury law
Have you been hurt while walking by a road? Find out how pedestrian injury law works and how to help help.
Walking is a common way of getting around. It’s free, healthy, sustainable and enables you to interact with your community.
However, pedestrians can face risks on roadways, sidewalks, and crosswalks, with thousands of people suffering injuries and fatalities each year due to accidents involving motor vehicles.
Pedestrian injury law plays a crucial role in protecting the rights of people who are harmed while walking. In this article, we look at the key aspects of pedestrian injury law, including legal principles, common causes of pedestrian accidents, and opportunities to seek justice with the help of a pedestrian injury attorney.
What is pedestrian injury law?
‘Pedestrian injury law’ falls under personal injury law, which focuses on cases where people are injured through the negligence or wrongful actions of others.
The legal framework for pedestrian accidents is based on the principle of duty of care, which requires motorists and other parties to exercise reasonable caution and avoid actions that could harm pedestrians.
What are some of the common causes of pedestrian accidents?
Pedestrian accidents can occur for many reasons. Here are some of the most common:
- Driver negligence: Failure to yield to pedestrians in crosswalks, distracted driving, speeding, or disregarding traffic signals.
- Poor road conditions: Defective sidewalks, inadequate lighting, or lack of proper signage can contribute to pedestrian accidents.
- Intoxication: Impaired driving or walking due to alcohol or drugs increases the risk of accidents.
- Jaywalking: Pedestrians crossing roads outside designated crosswalks or against traffic signals may be at risk of collisions.
- Distracted walking: Pedestrians distracted by smartphones or other devices may not be fully aware of their surroundings, increasing the likelihood of accidents.
What are your legal rights and responsibilities in pedestrian injury law?
As a pedestrian, you have the right of way on crosswalks and at intersections, and motorists must yield to you accordingly. However, you also have a duty to exercise reasonable care for their safety, such as using designated crosswalks, obeying traffic signals, and looking both ways before crossing the road.
How to seek compensation for a pedestrian injury
If you have been injured in an accident as a pedestrian, you may be entitled to compensation for your losses, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Property damage
What’s the legal process for a pedestrian injury claim?
The process of seeking compensation for a pedestrian injury will usually involve:
- Documentation: You will need to gather evidence, such as police reports, witness statements, and medical records.
- Legal consultation: You consult with a lawyer who specialises in pedestrian injury law to assess the merits of your case and your explore legal options.
- Filing a claim: You initiate a claim with the at-fault party’s insurance company, or file a lawsuit in civil court.
- Negotiation and settlement: You engage in negotiations to reach a fair settlement for damages.
- Litigation: If a settlement can’t be reached, your case may proceed to trial, where a judge or jury will determine the outcome.
Pedestrian injury law protects you while walking
Pedestrian injury law protects the rights and safety of people who are harmed while walking. By understanding the legal principles, common causes of accidents, and avenues for seeking compensation, you can exercise your legal rights and seek justice if you are injured.
If you’ve been injured in a pedestrian accident, make sure you get expert legal guidance to safeguard your interests and obtain rightful restitution for your losses. Stay safe and vigilant on the roads and sidewalks, and remember that pedestrian safety is everyone’s responsibility.
