Driver Fault in Pedestrian Accident

According to statistics by the National Highway Traffic Safety Administration, more than 60,000 pedestrians were injured in traffic accidents in 2006. Some of these injuries even lead to death. To add insult to injury, most of these pedestrian accidents that result to death occur between 3 pm to 4 pm, around the time when a lot of children have just got out of school.

A pedestrian vehicle accident is not a rare occurrence. In fact, two in every ten road accidents involve pedestrians. However, what makes it so much a cause for concern is that regardless of whether a vehicle is slow or fast, any person may suffer from serious injuries when struck by a running vehicle. These injuries may include the following:

• Broken or fractured bones
• Permanent or temporary disability/ injury
• Head injuries
• Brain injuries and damage
• Scars, mutilation, or disfigurement
• Mental distress and damage

In this kind of accident, fault is often determined through negligence. Either or both the driver and pedestrian may be liable for the accident if their actions were considered negligent. But in majority of cases, the accident is attributed to the driver’s negligence. This includes negligence such as:

• Not paying attention to the road or being pre-occupied
• Speeding and failure to adhere to speed limits set on a particular road
• Not stopping at a pedestrian crossing and in other pedestrian right of way areas
• Having an alcohol count that is over the legal limit or being under the influence of drugs

An important thing that drivers should know is what to do after being involved a pedestrian accident. By simply remaining calm and cooperating with authorities, a driver can minimize his liability.

• Secure the injured victim first. Make sure the victim is safe from further harm from other motorists. Do not administer any medical treatment that is beyond what is required on your own as it may further endanger the pedestrian.
• Get medical help for the injured and contact authorities. File a report regarding the accident from the facts that you remember.
• Exchange contact information with the other people involved.
• When talking to the pedestrian or any other people, avoid apologizing as this may indicate admission of fault. By doing so, the driver exposes himself to a personal injury lawsuit, especially if he speaks directly to the pedestrian’s attorney or insurance company.
• Seek a lawyer’s advice. If the driver is likely to face criminal charges, contact a criminal defense attorney as soon as possible. A lawyer can also help if the pedestrian decides to file for recovery of damages.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.