Posted on January 25, 2018
Two evenings ago, a pedestrian was seriously injured after being hit by a tractor-trailer. When the truck driver was driving along, he claimed that he heard something hit his truck and, when he went to check, a pedestrian had gotten hit. There was a witness behind the tractor-trailer who said that the truck was moving at a slow speed under the speeds of traffic and in his lane when the accident occurred. There is an ongoing investigation into the matter.
Pedestrian accidents are almost always serious, as pedestrians are not offered the same protections as those driving vehicles on our roads. The National Highway Traffic Safety Administration (NHTSA) has found that about ¾ of pedestrian fatalities occur in urban settings, seeing as there are more pedestrians on the streets in these areas – including truck drivers. In 2012, 15% of cases involving pedestrian accidents occurred because a truck struck the pedestrian. Those who are struck by massive vehicles are more likely to suffer debilitation injuries as well as fatalities.
When a pedestrian is injured in an accident, a pedestrian will have to show that a driver acted negligently in their actions. Vehicle drivers owe a duty of care to pedestrians so that those who choose to walk are kept safe from harm at all times. A vehicle driver may have been negligent in their actions in a variety of ways when a pedestrian was injured, such as be driving distracted, driving drunk, or driving drowsy.
Sometimes, it is found that a pedestrian also acted negligently and contributed to their accidents. For instance, what if a pedestrian was texting while they were walking and didn’t look both ways before crossing the street? Though pedestrians have the right of way and drivers are supposed to always keep their eyes open for pedestrians, sometimes they are still partially at-fault for their accident. Every state has its own rules regarding comparative negligence, which could reduce your ability to recover by the amount of fault you had in your accident.
If you have been injured in a pedestrian-related accident, you could recover for aspects like medical bills, lost income, pain and suffering, and so much more. Call us as soon as possible after you have been injured at Edelstein Martin & Nelson. We want to hear from you, so call us at 888-208 1810.