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Car tips & advice | 14.04.2014 - 16:41

Ped Xing: How To Prevent Pedestrian Injuries

Pedestrians and cyclists do face a big danger when it comes to drivers who aren't paying as much attention as they need to.

A few years ago I was driving home after a long day of work on a summer night. I was ready to get my day over with and relax in bed with my husband. I came to a round-about and the traffic was pretty busy. Anxious to get into the circle, I took the soonest opportunity to zip into an opening. As soon as I hit the gas pedal, a young man on a bike flew in front of my vehicle and I hit him. The collision sent him flying off his bicycle and onto the pavement. Initially horrified, I rushed to see if he was alright. Besides a few minor scrapes, he was surprisingly fine. I was grateful that a human life was not a price paid that night. However, these types of accidents happen all of the time. Pedestrians and cyclists do face a big danger when it comes to drivers who aren't paying as much attention as they need to.


Scenario 1:


A pedestrian dashes out between two parked cars in front of a vehicle traveling at the speed limit. Who is at fault? The pedestrian is at fault in most of these cases. Therefore this scenario is prevented by pedestrians refraining from crossing a street in an area that is not marked for pedestrian crossing.


Scenario 2:


A jogger is running with their dog in a residential neighborhood. A driver rolls to a stop at the stope sign but rolls slightly into the cross walk and runs over the joggers toes. The jogger obviously saw the car coming, but who is at fault by law here? The driver would take the blame because they failed to make a complete stop as the traffic law requires. If all drivers would refrain from rolling into pedestrian crossings, the accidents will be greatly reduced.


Scenario 3:


A teen is walking on the wrong side of road on his way home from a friend's house. He is struck by a vehicle and seriously injured. Who is at fault? This depends on the circumstances surrounding the collision. The pedestrian's responsibility is to walk as far to the left of the road as possible. If it is determined that the pedestrian was too far out in the roadway, it could be determined that the driver is faultless. However, if the driver is under the influence, which is one of the most common causes of pedestrian accidents, then it is almost impossible for the driver to be found guiltless.

How To Find An Injury Lawyer


Still, a pedestrian who suffers an injury might want to find a personal injury lawyer, like Cummings Andrews Mackay LLP. who specialize in these kinds of cases, to represent him or her. The claimant should know that proving the other person at fault is daunting, and there are things that the injured pedestrian needs to do to give their case a chance. He or she should document as many facts as possible about the injury. This means noting where the injured party was, what he or she heard another person say about the accident and how the injury affected his or her ability to work and live.

The claimant should look for a lawyer who’s experienced in personal injury law and interview at least three of them. The claimant should make sure that the lawyer is licensed to practice in the state and is board certified. He or she might want to know if the lawyer will personal represent the claimant or will leave that to an associate. The claimant will also need to know how long the lawyer has been practicing and whether he or she has handled a number of cases like the one the claimant has. It’s also important to find out whether the lawyer has represented mostly defendants or plaintiffs. Since the injured person will be the plaintiff, he or she should choose a lawyer who has mostly represented plaintiffs. The injured person should also not hesitate to discuss the amount of settlement and the lawyer’s fees.  

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