7 Pedestrian Safety Tips Everyone Should Know
This blog will provide some of the most crucial pedestrian safety tips. From being aware of your surroundings to using designated walkways, we will cover everything you need to know to stay safe while walking.
4 Ways You Can Avoid Pedestrian Accidents as a Driver
As a driver, a pedestrian accident is probably one of your worst nightmares. Hitting a pedestrian can result in catastrophic bills that increase your insurance premium and sometimes have extreme consequences, like incarceration. We want you to be able to avoid a car accident involving a pedestrian at all costs. That’s why we’ve put together this blog with four ways you can prevent pedestrian accidents as a driver. Keep reading to learn more. Learn Pedestrian Behaviors Learning pedestrian behaviors that are common to all pedestrians helps you out, especially if your fear of hitting a pedestrian comes from not knowing what they might do. It’s very understandable. The good news is that there are behaviors common to most – if not all – pedestrians. Common pedestrian behaviors vary, but jaywalking, crossing the street outside of crosswalks, texting while crossing the road, and ignoring traffic signals are the most common among everyone. Pedestrians are more likely to jaywalk, text, or ignore traffic signals in areas without pedestrian infrastructure, like dark streets and intersections without crosswalks, so it’s important to be extra vigilant in these areas. If it’s too dark to see, turn your brights on to illuminate any pedestrians so you can avoid hitting them. Driving more slowly in the dark is another good way to reduce the risk of accidents. Another important aspect is paying attention to cues, like a pedestrian’s eye contact or body language. Eye contact can indicate that a pedestrian has seen you and is prepared to cross the street. They will likely wait for their turn to go. Lack of eye contact can mean they are distracted and unaware of their surroundings. So be prepared for a distracted pedestrian to suddenly step out into the street. School zones are another important area to pay attention to since children don’t always understand crossing rules. Always obey the crossing guard, and stay alert for children who might run out into the road, even if the crossing guard motions for you to go. It’s imperative to be aware of these habits every time you drive to prevent a pedestrian accident. Obey Traffic Laws & Regulations Obeying traffic laws and regulations is crucial to avoiding car accidents as a driver. This includes observing speed limits, stopping for pedestrians in crosswalks, and avoiding distractions like texting or eating while driving. One simple distraction can be enough to cause an accident. Speed Limits Obey the speed limit is important for avoiding pedestrian accidents. Speed limits are set in consideration of road conditions, pedestrian activity, and other factors to ensure everyone stays safe. Speeding increases the likelihood of accidents and makes it more difficult to stop in time to avoid pedestrians or road hazards. Speeding also makes accidents more severe by increasing the force of the impact, which is yet another reason to obey the speed limit. Obeying the speed limit also helps maintain a safer and more orderly traffic flow. In addition, it sets a positive example for other drivers on the road and keeps everyone safer. Stopping for Pedestrians Simply put, it’s against the law not to stop for a pedestrian in a crosswalk. Crosswalks are designated areas for pedestrians to cross the street safely. It’s your responsibility as a driver to slow down and stop to avoid an accident. These laws are in place for everyone’s safety and protection. This is why not obeying traffic laws and regulations can result in traffic citations, fines, and even more severe consequences like incarceration. Distracted Driving Avoiding distractions like texting, eating, or even adjusting the radio can take your attention away from the road and prevent you from noticing pedestrians or other road hazards, which can ultimately cause a car accident. Distractions can slow your reaction time, making it more difficult to avoid an accident. It’s important to keep your full attention on the road to avoid distractions that could put you or others in danger. Pay Attention at Intersections Intersections are high-risk areas for pedestrian accidents since these areas are often crowded with pedestrians and cyclists. Often, when a light turns green, signaling you to go straight or turn right, the pedestrians at the crosswalk also have the right of way to go across the street. So, even if you have a green light, check for pedestrians before making a right-hand turn. Be extra careful when turning at an intersection, follow all laws, and be prepared to stop, even if you have the right of way if a pedestrian starts to cross. It’s much better to pause for the pedestrian than to risk an accident. Drive Safely & Defensively Driving safely and defensively means anticipating unexpected situations, like a pedestrian suddenly stepping into the street or a child riding a bike on the sidewalk. It’s important to always drive safely and responsibly by avoiding tailgating, using turn signals, and yielding the right of way whenever necessary. Call Flickinger Boulton Gooch & Robson Today Learning about pedestrian behaviors and obeying traffic regulations are helpful steps for preventing pedestrian accidents. It’s important to remain alert to your surroundings and to pay close attention to intersections. Ultimately, defensive driving is the best way to avoid pedestrian accidents and to make our roads safer and more accessible for everyone. But if you are involved in a pedestrian accident, know that it is possible to get justice. Contact Flickinger Boulton Gooch & Robson today for your free case evaluation and take one more important step toward regaining control of your life. Flickinger Boulton Gooch & Robson have over 150 years of combined experience in personal injury law and have won our clients hundreds of millions of dollars. Let us fight for you to get you the compensation you deserve for your pain and suffering. Call us at 801.500.4000, or contact us through the form on our website to get started.
Pedestrian Safety: Tips on How to Stay Safe at Night
Whether you’re out to experience the nightlife or you simply enjoy an evening stroll, it’s essential to understand the rules of pedestrian safety. Staying safe as a pedestrian in the daytime is one thing, but walking on sidewalks and crossing streets at night presents a different set of challenges. According to the National Traffic Highway Safety Administration, most pedestrian deaths occur at night between 6 PM and 12 AM. Here’s a look at some of the most effective ways to protect yourself while walking outdoors in the dark. Basic Nighttime Pedestrian Safety Traffic is an obvious risk of walking along the street at night, and it’s something you should be aware of and watch out for. But there are also other potential hazards and risks. Take the following precautions to keep yourself safe when walking at night: Avoid walking in dark and poorly-lit areas. Stick to well-lit areas with bright streetlamps. Do not take shortcuts through dark alleys and side streets. Wear bright clothing that drivers will be able to see. Reflectors on your shoes or clothing can be extra helpful to stand out at night. Carry a flashlight or light source with you. Cell phone flashlights are ok in a pinch, but a flashlight with more lumens would be more effective for lighting the path in front of you. Walk on sidewalks whenever possible. Utah laws require pedestrians to use sidewalks if they are available. If there is no sidewalk, walk on the shoulder as far away from the roadway as possible. The law also states that you should walk on the left, facing traffic, if you somehow find yourself on a road with no sidewalk and no shoulder. Don’t scroll on your phone as you walk. Cell phone use while driving is illegal because of the dangers it presents, but it can be equally dangerous for pedestrians. A pedestrian staring at their phone can easily step off the sidewalk, veer outside of the crosswalk, or find themselves stepping into oncoming traffic. Obey all traffic signals unless a police officer is otherwise directing traffic. Stick with a group or another person, and try to avoid walking by yourself at night. Walking with someone else can help protect you from danger and crime, and if an accident does occur, you have someone to call for help. Assume that motorists cannot see you. Practice walking defensively, and wait an extra few seconds to make sure the driver will stop before you proceed into an intersection. Those few extra seconds could save your life. Flickinger Sutterfield & Boulton Can Help Accidents can happen when you least expect them, even if you’re following all of the rules of pedestrian safety. If you’ve suffered injury as a pedestrian, Flickinger Sutterfield & Boulton are here to help you collect damages for your pain and suffering. Our offices are conveniently located in Provo and West Jordan, Utah. Contact us today for a free case evaluation so you can get started on the road to healing and recovery.
How to Talk to Your Kids About Pedestrian Safety
Pedestrians have the right of way, but not every driver pays attention or respects that, so it’s essential to teach your kids about pedestrian safety. Did you know that children crossing the street is the second leading cause of unintentional injuries for children ages five to fourteen? Even with crosswalks, school crossing guards, and school safety zones, children still get injured by moving vehicles. Teaching your children about pedestrian safety will decrease the risk of them getting hurt. How to Talk to Kids Under 10 It’s hard to explain to younger kids how speeds and distance work. That’s why they need an adult to help them cross the street. Teach them that pedestrian safety means never crossing the street without an adult, like a crossing guard, babysitter, or older sibling. How to Talk to Kids Over 10 1. Cross the Street at Intersections Older kids can more easily judge distance and determine if they have enough time to cross the street. But they still need to be very careful. If they can, they should cross the street at intersections. The least amount of pedestrian-related accidents happen at intersection crosswalks and street corners that utilize traffic signals. 2. Look Both Ways Look left, right, and left again before crossing the street, even if traffic signals give you the right of way. They can’t trust drivers always to pay attention, so they need to look out for themselves. 3. Walk, Don’t Run Your kids need to walk when they cross the street. They might want to run to get across the road faster, but walking is safer. They’re more likely to trip and fall in the street if they run. 4. Use Sidewalks or Paths Your kids should always use sidewalks or paths to cross the street. If there are none, they should walk facing traffic as far to the left as possible. It’s the next-safest way to cross the street. 5. Keep Eyes and Ears on the Road Most kids enjoy listening to music and texting, but it’s dangerous to have headphones on or not watch their surroundings while crossing the street. It’s important to hear if someone yells for them or a car honks at them. If they can’t hear or see, they might get unnecessarily injured. 6. Make Eye Contact with Drivers Finally, drivers are supposed to give pedestrians the right of way. But in today’s digital age, that doesn’t always happen. Teach your kids to make eye contact with the driver before crossing the street. Eye contact ensures that the driver sees them and will wait for them to cross the street. Flickinger Sutterfield & Boulton Teaching your kids about pedestrian safety will undoubtedly help protect them, but it’s not a fool-proof plan. Was your child hit by a car while crossing the street? Being hit by a car is a traumatic experience that usually results in injuries and medical bills. Flickinger Sutterfield & Boulton can help you. We’ve represented clients for over 25 years, and we can help you and your family through this challenging time. Please don’t hesitate to reach out to us for your free case evaluation.
Everything You Need To Know About 2019 Pedestrian Crash Statics
Pedestrian crash statistics reveal that pedestrian injuries and collisions are a severe problem across the nation. These fatalities have steadily increased over the last decade, and show no sign of slowing down. Today, we are taking a deep dive into the startling pedestrian statistics that plague our nation’s roads and how to protect yourself from these types of accidents. 2019 Statistics 2019 was a devastating year regarding pedestrian crash statistics. According to Governors Highway Safety Association, there were 6,590 pedestrian deaths (22 coming from Utah), which is the highest toll over the past 30 years. That number increased from 2018, in which there were 6,227 deaths. This is concerning because, over the past ten years, pedestrian deaths have increased by 50 percent. In 2019, pedestrians accounted for 17 percent of all traffic deaths. In 2009, they only accounted for about 12 percent of traffic deaths. Causes There are many reasons that pedestrian accidents occur, but distractions are the main cause behind these incidents. Distracted drivers and negligent pedestrians both contribute equally to this problem. As far as the time of day is concerned, it is most common for pedestrian accidents to happen at night and on local roads that are not close to intersections. Dimly lit areas where walkers are not expected to be is another hot spot for these incidents. During the past 10 years, nighttime pedestrian fatalities increased by 67 percent, where daytime fatalities only increased by 16 percent. Pedestrian Tips There are three main aspects surrounding pedestrian safety: How to walk safely, taking action against distraction, and letting your actions speak louder than words. Here are some specific ways you can stay safe while walking or biking around town: Walk Safely – Remember to look left, right, and left again before crossing a street. While crossing, keep scanning for cars until you are safely on the other side. Pay special attention to cars that are turning or backing up. Make eye contact with drivers before you cross the street, so you can ensure that they are aware of you. Take Action against Distraction – Take headphones off before crossing the street. If you need to make a phone call, stop in a safe area instead of chatting while walking. Be aware of others who might be distracted and speak up if you notice someone who is about to encounter danger. Let Your Actions Speak Louder Than Words – Give pedestrians the right of way when driving. Be particularly alert when driving through school zones and residential areas. Put away all distractions while operating a vehicle. Flickinger Sutterfield & Boulton is Here for You Pedestrian crash statistics prove that this problem is on a steady rise. If you find yourself involved in a pedestrian collision, the accident lawyers at Flickinger Sutterfield & Boulton are here to help. We understand the stressfulness of the situation, and we will work tirelessly to maximize the outcome of your case. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Contact us for a free case evaluation today.
Locations Where Pedestrians Get Hit the Most
Pedestrians get hit most in urban cities. Their injuries and fatalities are but one aspect of a bigger set of problems related to road safety. Although walking is great for our health, it can also result in more tragic pedestrian accidents. Continue reading to learn where these accidents are most likely to occur. Which Part of a City Do Pedestrians Get Hit the Most? Non-intersections are a hotspot for pedestrian accidents in urban cities. According to the United States Department of Transportation, more than 70 percent of pedestrian-related fatalities occur while on a stroll or running. This statistic matters because it shows that accidents are more likely to happen when one’s senses are impaired, such as when a person walks for leisure. A person walking from point A to point B is less likely to be struck because they’re more attentive than someone who is jogging. Most of these accidents occur between 6:00 p.m. and 6:00 a.m. Read on to learn who is most at risk. Who is Most at Risk of Becoming a Victim? Although every pedestrian is in danger of getting struck by a car, certain groups have a higher risk. According to the Centers for Disease Control and Prevention (CDC), these people are most at risk: Male pedestrians are more likely to get hit by cars than women. As people age, they’re more likely to die from injuries caused by an accident. Teenagers and young adults ages 15-29 are more likely to receive treatment for injuries as pedestrians in emergency rooms compared to older people. Children are at the highest risk of dying if struck by a car. One in five traffic fatalities of children who were younger than 14 died from this type of accident. Thirty-four percent of pedestrians who died as a result of a pedestrian accident had a .08 percent blood alcohol concentration or higher. Common Causes of Pedestrian Accidents Drivers have a duty of care to obey traffic laws and must look out for pedestrians. When they don’t follow traffic signs, fatal crashes may occur. Common ways driver negligence results in accidents include: Distracted driving: When drivers talk on the phone, text, or eat and drink, their minds and eyes aren’t on the road. An unsuspecting pedestrian who has the right of way may fall victim to a driver’s negligence. Intoxicated driving: When a driver is intoxicated through alcohol or drugs, their reasoning, reaction times, and driving abilities become impaired. They can easily miss a pedestrian, especially at night. Speeding: Not only is speeding a violation of traffic laws, but it’s also one of the most reckless forms of driving. When pedestrians get hit by speeding cars, they may suffer life-threatening injuries or die on impact. Poor weather: Drivers who don’t slow down when it’s foggy, rainy, or snowy might not be able to see pedestrians. They may not be able to slow down or stop in time on slippery roads. Left-hand turns: Pedestrians risk being struck when using crosswalks by cars turning left. Unfortunately, a driver’s focus may be on safely navigating the intersection instead of the pedestrian legally crossing the street. Failing to yield: People who drive past stop signs and don’t stop for pedestrians who have the right of way are a common cause of these accidents. Backing-up accidents: Some of the worst accidents occur in people’s driveways when they back up their cars over a child they can’t see. Establishing Fault If a pedestrian crosses the street while the crosswalk sign says, “don’t walk” and is struck by a car, they may be legally at fault for their accident. They may also be held liable if they cross prohibited roads, freeways, and highways. However, a driver who doesn’t stop to check on a victim after hitting them, whether it’s their fault or not, might be charged with hit-and-run. They’re often found negligent in backing-up and left-hand turn accidents. Flickinger Sutterfield & Boulton is Here for You Although pedestrians get hit most in densely populated cities, they risk being struck anywhere, including suburban areas. If you were recently involved in a pedestrian accident, an experienced personal injury attorney from Flickinger Sutterfield & Boulton could help you receive the compensation you deserve. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.
What is a Negligent Pedestrian?
When it comes to pedestrian accidents, you may assume the driver is at fault; however, this assertion isn’t always correct. Many people believe the adage, “pedestrians always have the right of way” without realizing pedestrians can be as negligent as a driver. Learn more about negligence in today’s blog. Understanding Negligence Negligence is a legal theory that a plaintiff must prove before they can hold a defendant legally responsible for the harm they suffered. Every person must exercise a duty of care under a given set of circumstances. For instance, both drivers and pedestrians must follow traffic laws and the rules of the road when using streets, crosswalks, or highways. If person A doesn’t act with reasonable care and causes harm to person B, then person A will be found negligent in court, regardless of who was driving and walking. Continue reading to learn more about determining fault in a pedestrian accident case. How Can a Pedestrian Cause an Accident? Typically, car accidents involving pedestrians end with a disparity of damage, meaning the pedestrian may suffer significant injuries, whereas the driver may go unscathed. It’s easy to see why most people believe drivers are always responsible for collisions. However, a pedestrian may cause an accident in several ways, which include the following: Jaywalking: Pedestrians must cross as directed in designated crossing zones; otherwise, they can only cross if they won’t obstruct traffic. Wearing dark clothes while walking Negligently or intentionally throwing objects onto the road or near the traveling lane Failing to look both ways when crossing the street Entering into a crosswalk when traffic signals indicate to wait Darting into the road to pick up an item Attempting to distract a driver Crossing the street while intoxicated For example, a Colorado man was struck by a car when he tried crossing the street in dark attire. The driver couldn’t see the man, and law enforcement determined the accident was the pedestrian’s fault. Determining Fault in Pedestrian Accidents Of course, there are some accidents in which a driver is clearly at fault for striking a pedestrian. Failing to stop at a designated crosswalk, running a stoplight, and making a right turn on a red light as a pedestrian is crossing are some examples. At the same time, pedestrians may have a better chance of avoiding accidents compared to drivers. It’s rare for a car accident involving a pedestrian to occur outside the roadway. Furthermore, a pedestrian can determine whether they should exit a sidewalk or road shoulder to enter a roadway. Still, determining fault is complex, so every state uses a contributory or comparative negligence system. Shared Fault in Pedestrian Accidents Sometimes, both a driver and pedestrian are to blame for an accident. The result of a personal injury lawsuit where both the pedestrian and driver are culpable varies from state to state. Let’s explore these laws: Contributory Negligence: If the defendant can demonstrate the plaintiff’s negligence contributed to the accident in any capacity, even if it’s just one percent, the plaintiff becomes ineligible to receive compensation from the defendant. Only a handful of states, such as Maryland, Alabama, Virginia, Washington, and North Carolina, practice this rule. Comparative Negligence: This rule allocates fault between both parties. For instance, if the plaintiff is partly at fault for an accident, then the defendant’s liability may be reduced but not eliminated. Here are the two variations of the comparative negligence system: Pure Comparative Negligence: Liability is split based on the percentage of fault. Let’s say the pedestrian is found 30 percent responsible, and the driver is 70 percent at fault. If the pedestrian’s damages equal $10,000, then the driver must pay them $7,000. Modified Comparative Negligence: Liability is split according to the percentage of fault, but only to a degree. If a plaintiff meets or exceeds this threshold, they may not be able to receive recovery. Generally, this limit is 50 percent, so if a plaintiff is more than 50 percent at fault, they don’t qualify for compensation. Utah uses the Modified Comparative Negligence rule to establish fault. Flickinger Sutterfield & Boulton is Here for You If you were recently involved in an accident caused by a pedestrian, it might be difficult to prove it’s their fault. An experienced personal injury attorney from Flickinger Sutterfield & Boulton can help you collect proof to hold the negligent pedestrian accountable. There are no upfront fees for hiring an attorney from our firm. We have offices throughout Utah County, as well as West Jordan. Schedule your free case evaluation today.
Do Pedestrians Always Have the Right-of-Way?
When you’re taking a relaxing stroll, you may not be worried about the risks distracted, speeding, or negligent drivers pose. As someone who’s on the road, either as a driver or pedestrian, it’s your duty to follow road rules and to yield the right-of-way at intersections and crosswalks. Continue reading to find out if pedestrians always have the right-of-way. Safety is a Shared Responsibility Most people are surprised to learn this, but pedestrians don’t always have the right-of-way. Drivers and pedestrians alike share the responsibility of keeping themselves and others safe on the road. The Federal Highway Administration is trying to increase pedestrian safety by investing in infrastructure improvements, such as redesigned roads that promote better pedestrian and bicycle traffic flow. Below are some useful guidelines to follow for both drivers and pedestrians. What Are the Duties of a Pedestrian? When a pedestrian is crossing the street in an area without a marked crosswalk at an intersection, they must yield the right-of-way to vehicles. Moreover, when there are adjacent intersections at which traffic-control signals are in operation, it’s illegal for a pedestrian to cross between them; they may only cross in a marked crosswalk. Furthermore, they’re prohibited from suddenly leaving a curb to walk or run into the path of a vehicle because this constitutes an immediate safety hazard. Safety Tips for Pedestrians To stay safe when you’re walking, do the following: Always look left-right-left before crossing the street and continue to look for vehicles as you cross. Remember, just because you’re using a crosswalk doesn’t guarantee a driver will see you. Wave your arms if an approaching driver isn’t slowing down. Don’t stand on the road while you’re waiting to cross. Always push the pedestrian signal button before using a crosswalk; this will give you more time to cross before the traffic light turns green. In the absence of a sidewalk, walk facing traffic along the shoulder of the roadway. Watch out for vehicles entering or exiting a parking lot or driveway. When you’re crossing a road with multiple lanes and a car in the closest lane stops to allow you to cross, make sure the drivers in other lanes can also see you. Once they come to a stop, continue to walk. Safety Tips for Drivers Even if you’ve been driving for decades, it’s important to familiarize yourself with the following safety tips: ● Slow down around schools, playgrounds, parks, and other areas children frequent. ● If one car has stopped at a crosswalk (either mark or unmarked), all other vehicles must also stop to allow a pedestrian to cross. ● Drivers making a left or right turn on a green light must yield the right-of-way to a pedestrian in a marked or unmarked crosswalk within the intersection. ● You must stop at the designated stop line in front of the crosswalk. Many drivers mistakenly stop inside the line, but that’s illegal. Flickinger Sutterfield & Boulton Can Help Unfortunately, even if you follow every road rule, some reckless drivers may not be as responsible. If a negligent driver recently struck you, you may be eligible for compensation. Flickinger Sutterfield & Boulton can help you attain the damages you deserve while you focus on healing. Contact us today for a free case evaluation.
What Are the Legal Consequences of Hitting a Pedestrian?
Involved in a pedestrian-auto accident? Contact us today! Getting behind the wheel and driving a vehicle is a great responsibility. It requires full attention and focus on avoiding hitting other vehicles, property, and pedestrians. According to the Utah Injury Prevention Agency, more than 800 Utahns are involved in an auto-pedestrian accident and are either injured or killed each year. Continue reading to learn what to expect and potential legal consequences of hitting a pedestrian. The Legal Consequences of Hitting a Pedestrian Hitting a pedestrian with a vehicle inevitably leads to consequences. These repercussions can be minor or significant and can lead to citations, criminal charges, and, in extreme cases, a loss or suspension of driver’s licenses. Being a responsible driver means being an informed driver. Citations You can expect some kind of citation and fine if you are involved in a pedestrian-auto accident. The amount of the citation varies in range based on the cause of the accident. A penalty is likely to accrue a higher amount if you hit a pedestrian, because of negligence than if you hit a pedestrian while jaywalking. Criminal Charges A criminal charge is a formal accusation made by the government. Hitting a pedestrian can result in criminal charges. Leaving the scene of an accident or “hit and run” accidents can result in a misdemeanor, up to 90 days in prison, and significant fines in Utah. Whether the driver of the vehicle caused the crash or not, they are required by law to stop. If a pedestrian is hit by a car and killed, the driver can face manslaughter charges, a felony that can lead to long-term jail time. Criminal charges may be dropped if the driver of the vehicle that hits a pedestrian stops and takes other required steps to report the accident. Loss or Suspension of a Driver’s License Driving is a privilege, which comes with even greater responsibility. In some cases, a driver that has hit a pedestrian can have their license suspended. In these types of instances, your license becomes invalid for a certain amount of time. In more extreme cases, such as driving under the influence or purposefully hitting a pedestrian, licenses can be revoked entirely. Depending on the situation, drivers will be required to complete specific steps to have their license reinstated if allowed. Protect yourself by getting familiar with the rights and duties of drivers and pedestrians alike. Both drivers and pedestrians should know the laws and responsibilities of both parties. Of course, like all things, these laws have exceptions that may be granted. If you have been in an accident involving a vehicle and pedestrian, you should seek proper representation and should not try to handle your case alone. Contact Flickinger, Sutterfield, & Boulton Contact our lawyers right away and schedule a free consultation where we can learn about you and your case. The attorneys at Flickinger, Sutterfield, and Boulton have years of experience helping customers with auto-pedestrian accidents. Our team of experts will investigate these accidents and handle necessary communication with police, medical, and insurance contacts. The sooner you call us, the sooner we can advocate for you and reach a satisfactory resolution.
What If I Hit A Jaywalker?
When we hear of car accidents involving pedestrians, we usually assume it’s the driver’s fault because of how big and powerful vehicles are. However, pedestrians can also be held liable for accidents, especially if they were jaywalking. Discover more about the consequences of striking a jaywalker. Determining Fault Drivers, motorcyclists, pedestrians, bicyclists, and anyone else who shares the road must abide by its rules. When it comes to pedestrians, it’s illegal for them to jaywalk or wander in areas where foot traffic is unlawful, such as certain parts of a highway. If they break these laws and it results in a car accident, they will be found partially at fault. Learn more about determining negligence in a pedestrian versus vehicle accidents, and how it can affect compensation. Contributory Negligence Contributory negligence states that an injured person’s negligence regarding the underlying accident, no matter how small, prohibits the person from receiving damages from the at-fault party. For example, a pedestrian jaywalked when they were struck by a driver who was falling asleep; the pedestrian won’t be eligible to recover compensation from the driver. These rules tend to be unforgiving, but only a handful of states apply them, such as Alabama, Maryland, and Virginia. Comparative Negligence Comparative negligence determines the total amount a plaintiff can successfully recover based on their level of fault in the accident. There are two variations of this law, which are modified comparative negligence and pure comparative negligence; most states follow one or the other. Modified Comparative Negligence: Based on this rule, the plaintiff’s level of the fault must not surpass a specific threshold; otherwise, they may not be eligible to recover damages. Usually, this threshold is 50 percent, so if the plaintiff is over 50.1 percent at fault for the accident, they won’t be able to recover compensation. However, if they’re less than 50 percent at fault, they can receive damages from the defendant. If you were recently in an accident, either as a pedestrian or a driver, it’s best not to depend too much on compensation because it may be reduced depending on your share of fault. Let’s go back to the previous example of the jaywalker and the sleepy driver to understand how this rule works. If the pedestrian ended up with $50,000 worth of medical bills, and the jury decided they were 40 percent at fault while the driver was 60 percent to blame, the pedestrian would only be able to recover $30,000. On the other hand, if the jury determined the pedestrian was 60 percent at fault, then they wouldn’t be able to recover compensation based on modified comparative negligence rules. Pure Comparative Negligence: This rule is more forgiving, as there is no fault threshold. If the plaintiff isn’t found entirely at fault, they’re eligible to recover partial compensation. For example, if there’s an accident involving a pedestrian that leaves them with $100,000 in injuries, and they’re 90 percent at fault, they can legally ask the driver for $5,000. Flickinger Sutterfield & Boulton Can Help Determining fault in an accident that involves a pedestrian is difficult, but you shouldn’t be forced to pay hefty medical fees if they were negligent. An experienced personal injury attorney at Flickinger Sutterfield & Boulton can help you understand negligence rules and represent you in court. Schedule your free case evaluation today.
UTA Accident Prompts Look into Pedestrian Safety
A recent accident with a TRAX train has prompted the Utah Transit Authority (UTA) to take a closer look at pedestrian safety and at what threats non-motorists face on the state’s roadways and how they can stay safe. This June, teenager Shariah Casper was killed while walking across a TRAX road crossing. She waited for the eastbound train to pass, but stepped out in front of the westbound train, which Shariah could not see due to a 12-foot sound barrier wall. Although gates and lights were working at the intersection, neither was in place where Shariah was crossing. This tragic accident has prompted the UTA to examine the pedestrian safety issues at its railroad crossings and come up with solutions that will keep pedestrians from danger. UTA General Manager Michael Allegra wishes to be a leader in such efforts, and would like to partner with state and federal safety agencies to improve Utah’s pedestrian railroad crossings. Unfortunately, railroad crossings are not the only danger pedestrians’ encounter. Motor vehicles are an ever-present threat, especially if pedestrians are forced to walk alongside roads. Each year, 40 Utah pedestrians die and over 1,000 are involved in a crash with a motor vehicle. Driver behaviors that threaten pedestrians can include speed, lack of focus and attention on the road and distracted driving. Distracted Drivers Endanger Utah Pedestrians Distracted driving is a plague that affects drivers across the nation. Manual, visual and cognitive distractions like eating, grooming and cell phone use greatly impair a driver’s ability to operate their vehicle safely. In fact, 20 percent of all injury-causing crashes in 2009 involved a distracted driver. A University of Utah study found that driving while distracted by a cell phone has the same effect on a driver’s reaction times as driving while intoxicated. The high rate of distracted drivers in the U.S. requires pedestrians to be especially careful when crossing roads or other areas where traffic is present. In addition, pedestrians should avoid their own “distracted walking” when in these areas. Utah law demands that all vehicles stop for pedestrians in crosswalks and that drivers not overtake cars waiting for a pedestrian to cross. Pedestrians can also take safety into their own hands. Pedestrians should be aware that their actions can be unpredictable to a driver, and take extra precautions to look before crossing roadways, make eye contact with drivers before walking in front of their vehicles and avoid stepping out in front of an oncoming car. Wearing reflective clothing and sticking to sidewalks can also improve pedestrian safety. It is important for both drivers and pedestrians to remember that non-motorists are at a gross disadvantage in the event of a collision with a car or train. Therefore, everyone should take extra caution at interactions and other places pedestrians may be present to ensure everyone remains safe. If you or a loved one have been injured or killed while walking or cycling, please contact an experienced personal injury attorney to learn more about your rights and legal options.
Pedestrian Accidents: When Walking Becomes Dangerous
Salt Lake City officials plan on installing a traffic light at one particularly dangerous intersection in the city. According to ABC 4, residents in the neighborhood surrounding the intersection have complained to officials about the dangers posed to pedestrians trying to cross the street; many telling the news channel about the near misses with speeding vehicles they or loved ones have experienced while using the crosswalk at the intersection. The city plans on having the traffic light installed at the intersection by the end of the summer of 2012. Too Late? The installation of the traffic light at this intersection is too late for a local mother (Natalie Randall) and daughter (Ambrosia Amalatitoda), however. In March 2012, the two were hit while crossing the street in the crosswalk. Both were rushed to the hospital with severe injuries. The Desert News reports that witnesses saw two cars stop for the mother and daughter, but a third car failed to stop and actually swerved, possibly to miss colliding with the two stopped vehicles, and hit the two walkers. Ambrosia Amalatitoda, who was six-years-old, died from head injuries caused by the pedestrian accident. Natalie Randall is expected to recover from her injuries. Right-Of-Way and Construction Dangers Many people are under the misconception that vehicles, due to their size and speed, have the right-of-way at all times, but this is incorrect. According to Utah law, pedestrians have the right-of-way when they are in a crosswalk, not vehicles. Every intersection in Utah is considered to have a crosswalk, whether the actual walking path is marked on the pavement or not. Further, Utah law states that drivers “shall exercise care to avoid colliding with a pedestrian,” whether the pedestrian is in a crosswalk or not. However, this does not mean that pedestrians just can step off the curb into a crosswalk and oncoming traffic and have cars yield them the right-of-way. Also, pedestrians are allowed to cross the street outside of the crosswalk, but are required to yield to cars when doing so. Having the right-of-way, even at an intersection with a traffic light and “walk” signal, does not mean that crossing the street is safe. Another safety risk faced by Utah’s non-motorists is navigating through a construction zone. Construction projects are often aimed at increasing safety on our roadways and many of these projects may help pedestrians when complete. However, they are adding increased dangers and risks of injury throughout the lengthy construction period. Two notable ongoing projects in Utah are the I-15 expansion through Utah County and the Spanish Fork aqueduct construction in Provo. In addition to the added congestion and site-related hazards, construction work is also destroying and displacing sidewalks and crossing areas throughout the project duration. This brings added risk to pedestrians who need those pathways to safely cross roadways and increases the chance of being involved in a pedestrian accident and suffering serious injuries. Safety Tips Because pedestrians are at a high risk of injury when involved in an accident with a car or truck, they need to watch out for their own safety. The Utah Department of Public Safety and Heads Up Utah offer the following safety tips for pedestrians: Always look both ways before crossing the street, even if you have a “walk” signal Do not assume a driver sees you just because you are using a crosswalk, continue to watch for vehicles that may not see you When waiting to cross the street, do not stand in the street Wear bright colored clothing during the day; at night, wear light colored or reflective clothing and carry a flashlight Be on the lookout for vehicles entering and exiting driveways, alleys and parking lots Walk on sidewalks when available and on the side of the road facing oncoming traffic when they are not A driver also needs to do his or her part to keep pedestrians safe. Heads Up Utah offers drivers the following safety tips: Slow down, especially near homes, parks and schools; the National Highway Traffic Safety Administration, or NHTSA, estimates that speed is the cause of 32 percent of fatal vehicle accidents Yield to pedestrians in crosswalks, especially when making a turn at a green light Stop at the “stop line” before the crosswalk Stop before the sidewalk when exiting a driveway, parking lot or alley, pedestrians on a sidewalk have the right-of-way When Injured … The injuries suffered by pedestrians in accidents with vehicles can be severe and include injuries to the head and neck, concussions and other brain traumas, broken bones and death. Any of these injuries can result in expensive medical and rehabilitation bills. By speaking with a Provo personal injury lawyer, you can learn of your options for recovering compensation to aid in paying for medical costs incurred because of a pedestrian accident in Utah. In seeking to recover compensation through personal injury lawsuits, injured pedestrians, even if they had the right-of-way, may need to prove that the drivers who hit them were negligent. Further, if the driver who hit you is uninsured, an attorney can help you file an uninsured motorist claim with the insurance company. Do not wait until you have recovered from the accident before exploring your legal rights. There is a statute of limitations for personal injury claims in Utah, so contact a personal injury attorney soon after the accident to ensure that your legal rights are protected.