Walking to work? Avoid a pedestrian accident

By Steven Miller
Senior Partner

Pedestrians can be in much danger when they’re on or near the roads. They have no real protection against injury if they’re hit by a driver. Even at slower speeds, a person who is struck by a car could suffer serious injuries.

To prevent pedestrian accidents, drivers have a duty of care. They are required to act responsibly. Drivers who are negligent can be held accountable if they hit a pedestrian.

What are some common causes of pedestrian accidents?

Some common causes of pedestrian injuries include:

  • Speeding
  • Distracted driving
  • Failing to obey traffic signals or signs
  • Failing to signal when turning
  • Not paying attention to the weather conditions
  • Not paying attention to traffic
  • Driving while intoxicated or impaired
  • Failing to yield to pedestrians

Pedestrians have to be cautious about the dangers of the roadways. They have their own duties to follow through on including taking responsibility for their own actions. Pedestrians who violate the laws or make it impossible for a driver to stop could be held liable for their own injuries.

What actions can get a pedestrian into trouble?

  • Failing to use a crosswalk when one is available
  • Running out into traffic
  • Disrupting the flow of traffic by entering traffic at an inappropriate time
  • Ignoring the “walk” signal at any intersection

Failing to exercise caution can result in a case where a pedestrian is held responsible for contributory negligence. Essentially, the court would agree that they contributed to their own injuries.

What can you do if you’ve been involved in a pedestrian accident?

If you’ve been involved in a pedestrian accident, there are a few steps that you need to take immediately to help your case. These include:

  • Calling 911 or the police immediately
  • Staying at the scene until help arrives
  • Gathering information on the people who were involved in the accident including their names, insurance information, addresses and other vital information that will make it easy to reach out to them in the future
  • Avoiding making any statements to anyone, including those who were involved in the accident

Pedestrians often suffer serious injuries in collisions, so the most important thing to do is to make sure that you receive adequate medical care. Other aspects of your case, like speaking with the police or gathering the other party’s information, can wait until your injuries have been stabilized. After that, you can reach out and allow your attorney to help with the case.

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.