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.
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.
How Often Are Pedestrians Hit by Vehicles?
Whether you are walking to the store, home from school, or from your car to work, most people are pedestrians at some point during the day. Unfortunately, pedestrian deaths and injuries are all too common. According to the CDC, in 2017, there were 5,977 pedestrian deaths due to vehicle accidents. That equates to one death every 88 minutes. And 137,000 pedestrians went to the emergency room due to a non-fatal pedestrian accident. With this knowledge, it is important to learn the best practices to stay safe while walking. Best Practices for Pedestrian Safety Death or injury from a vehicle is all too common, so it is imperative that pedestrians take the responsibility to learn how to walk safely. The National Highway Traffic Safety Administration provided the following safety tips to pedestrians: Be Predictable Obey the traffic signs and rules of the road while walking. Drivers expect that pedestrians will follow the standard rules, and when those rules are broken, the probability of an accident increases. Use Sidewalks Use designated sidewalks when available; This is one of the most important tips to follow to ensure pedestrian safety. When a sidewalk is not available, you should walk facing traffic and be as far away from the vehicles as possible. Make Eye Contact Never expect that a driver can see you. When walking by a vehicle or crossing the street, make eye contact with the driver to confirm that they are aware of you. Be Alert While walking, make sure that you are alert and aware of your surroundings at all times. It can be easy to be engrossed in your phone or another mobile device. This distraction can lure you into danger if you are not careful. Avoid Alcohol and Other Substances If you know that you need to walk a distance outside, avoid alcohol or other substances that can impair your judgment. Use Crosswalks When you need to cross the road, use a crosswalk. When a crosswalk is not available, look for an area where you are easily seen. Remember to look both ways for vehicles when crossing the road, with or without a crosswalk. Safety Tips for Children During the school season, millions of kids walk home from school every day. Along with the tips listed above, The NHTSA mentions additional tips to help children remain safe while walking to and from school. Watch the Road, Not Your Phone Children are much less likely to pay attention to their surroundings while walking than adults. Remind your children to keep their eyes up instead of at their phones or other devices. After a long day at school, they are probably excited to use their devices again, but remind them not to do so while walking. Do Not Play While Walking Horseplay is common when a group of children is walking together. This can distract the children from their surroundings and can accidentally send a child into the road. Talk to your children about the importance of utilizing their walking space safely. Flickinger Sutterfield & Boulton is Here For You If you are a pedestrian and find yourself in an accident, please reach out to Flickinger Sutterfield & Boulton for assistance. Our team can help you collect the compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.
What Are The Emotional Reactions To Hitting A Pedestrian?
Being struck by a car as a pedestrian can leave you with damaging psychological and physical effects. If you’ve experienced this situation, you know how agonizing these injuries are, coupled with the emotional trauma that comes with surviving a near-death experience. Learn more about the strong emotional reactions associated with striking a pedestrian in today’s blog. The Aftermath of Surviving an Accident Depending on the severity of the pedestrian accident, the emotional impact may be as small as avoiding the road. Unfortunately, in more extreme circumstances, a victim may not want to leave their home because they’re too afraid to even walk on the sidewalk. Some of them may even feel too afraid to be near their car, causing triggers each time one drives by their home. Being struck by a car can deteriorate your quality of life. Continue reading to understand the psychological effects of surviving this incident. Intense Feelings of Anxiety Experiencing moderate anxiety is normal from time to time, especially since most people experience anxious feelings daily. However, after suffering physical injuries from a pedestrian accident, you may feel heightened anxiety. Sadly, these bouts of anxiety can become so crippling that survivors often develop mild, moderate, or severe depression. Some survivors become unable to perform daily tasks they once enjoyed, and some even lose their jobs due to depersonalization. Post-Traumatic Stress Disorder Post-Traumatic Stress Disorder (PTSD) is a psychological disorder that can develop in individuals who have witnessed or survived a traumatic event, such as a natural disaster, serious accident, war, sexual assault, and more. Individuals with this disorder may be unable to finish basic tasks, such as keeping up with personal hygiene, paying bills, cooking, shopping, doing laundry, driving, or showing up to work. Worst of all, a survivor of an accident may encounter triggers in their everyday life that remind them of the accident, bringing up feelings of hopelessness and panic. Moreover, PTSD can slow down a person’s rehabilitation process because there’s a correlation between emotional and physical health. Survivor’s Guilt Survivor’s guilt is a condition of persistent mental and emotional stress experienced by someone who has survived an incident in which others died. For instance, if a pedestrian was distracted while crossing the street and the driver of the car swerved out of the lane to avoid hitting them, resulting in death, then the pedestrian might feel responsible for their death. It’s essential to seek help from a psychiatrist after an accident so that you don’t develop this mindset, which can worsen if left untreated. Misplaced Anger Conversely, some people may feel angry at the driver and public safety officials after an accident. It’s justifiable to feel upset that your life has been disrupted if you’re unable to go back to your job for some time and can’t perform tasks, but you can’t let these feelings overcome you. Remember, there’s a relationship between emotional and physical health, and harboring resentment might slow down your recovery time. Flickinger Sutterfield & Boulton is Here for You Surviving a car accident as a pedestrian can make you feel vulnerable, and it may take years to recover fully. If a negligent driver recently struck you, you should reach out to a personal injury attorney who can ensure you receive damages. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can ensure you receive compensation while you focus on healing. We have offices throughout Utah County and West Jordan.
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.
Proving Fault in a Pedestrian Accident
When it comes to pedestrian accidents, most people assume that pedestrians are automatically eligible for compensation just because they are on foot. It is also a misconception that pedestrians don’t have to prove liability. However, this could not be further from the truth. When an accident between an automobile and a pedestrian occurs, several questions arise, such as is the driver 100% at fault, or only partially at fault? It’s essential to consider the following factors that may have caused the pedestrian accident, such as over speeding, driving under the influence of drugs or alcohol, running a red light or stop sign, distracted driving, road conditions, weather conditions, and more. Breaching a Duty of Care An example of drivers breaching their duty of care on the road is if said driver was legally obligated to yield the right of way, which means the driver must operate their vehicle in a way that makes the road entirely safe for pedestrians. Including pedestrians that are walking within marked and unmarked crosswalks. In this instance, if the driver breached their legal duty of care, he or she can be held liable in court. Additionally, your injury lawyer will have to prove that this breach of duty caused your injuries and damages that were sustained. Here are some other factors that are considered in court to determine liability in a car vs. pedestrian accident: The driver: In several court cases, drivers are found liable because they are usually the ones driving recklessly, under the influence, distracted, or careless when a pedestrian accident occurs. The pedestrian: Many people forget that pedestrians are also bound to traffic laws, so they are not always innocent. Pedestrians must adhere to traffic laws, use crosswalks, and avoid walking in prohibited areas such as a highway. Other factors: Other miscellaneous factors that may have caused the pedestrian accident include poor weather conditions, defective equipment, bad road conditions, poorly maintained roads, among other conditions. When Both Parties Are Found Negligent There are some instances where both the pedestrians and drivers are found negligent. For example, if a pedestrian was jaywalking, and he or she was struck by a driver who was texting and driving, both the pedestrian and the driver will be held partially liable. This type of liability is known as pure comparative negligence. When it comes to pure comparative negligence, the pedestrian is still eligible for partial compensation even if the pedestrian is found partially responsible for said accident. How to Successfully Determine Negligence Individuals who have fallen victim in a pedestrian accident are entitled to compensation for the following damages, which include a lowered quality of life, medical expenses, pain and suffering, emotional trauma, and several other physical and mental scars. There’s no point in trying to guess who will be found negligent. To successfully determine who is at fault in a pedestrian accident, you will need to hire a personal injury lawyer. Contact Flickinger Sutterfield & Boulton today, and one of our experienced personal injury attorneys will help you receive the compensation you deserve.
Pedestrian and Bike Accidents: Who’s at Fault?
One of the most overlooked types of accidents happens between pedestrians and bicyclists. People have a hard time believing that pedestrians or bicyclists can cause accidents, but they also share a road with drivers; everyone on public roads has a responsibility to be attentive. Any party could be negligent, it all depends on who is at fault in the event of an accident. To avoid an accident while you are on foot or riding your bike, it’s wise to be aware of Utah’s pedestrian and bicyclist laws. Pedestrian Laws A pedestrian is defined as someone who is walking on foot or using a wheelchair. Utah’s pedestrian laws state that pedestrians must abide by traffic signs and signals that apply to people who are walking. Do not abruptly enter the path of a vehicle. Jaywalking is when you cross at any other point besides the marked crosswalks—this is illegal. When following crosswalk signals, you must wait for the “walk” or walking person symbol to flash to cross the street. Do not walk when the stop hand signal is flashing, unless it starts to flash while you are already crossing the street. If this happens, you have the right of way and you must continue crossing. Yield to all emergency vehicles that are using their sirens. If there are sidewalks available, you must stay on the sidewalks when walking. If there are no sidewalks, walk on the shoulder as far away from the roadway as possible. In the absence of a road shoulder, walk to the far left. Make sure that you are facing traffic as you walk. Bicyclist Laws Bicycles are considered a type of vehicle under the law. As such, bicyclists must obey the same traffic signals as cars. If you plan on riding your bicycle half an hour before sunrise or half an hour after sunset, be aware that these are hours of less visibility. You must make yourself appear identifiable to both cars and pedestrians by wearing either a white headlight, a red taillight, or side reflectors that are visible from 500 feet away. If you are operating a bicycle, you cannot abruptly stop or suddenly decrease speed without first giving an appropriate signal to the bicyclists behind you. The bicycle safety laws spell out a specific hand and arm signals that are to be enforced when you are changing directions or speed. Give a signal at least two seconds prior to changing your movement. Always keep at least one hand on your handlebars. Accidents Between Pedestrians and Bicyclists In the event of an accident between a pedestrian and a cyclist, if there is severe bodily damage or significant property damage, call 911 and request the police or an ambulance. The police and your insurance company will determine who failed to execute their duty of care. A duty of care is a legal obligation that is imposed on an individual to adhere to a set of standards when performing a risky activity. For example, if a bike rider is not using at least one hand on their handlebars and they crash into a pedestrian, the bicyclist is at fault. They will be responsible for the damages because this is negligence. The police will file an accident report. Both parties should exchange personal information. If a few months pass and you haven’t heard about the incident anymore, don’t get too confident. These types of accidents can resurface a few months or even years later, so don’t be caught off-guard if an attorney reaches out to you. If you are a resident of Utah who was recently involved in a collision, contact our injury lawyers at Flickinger Sutterfield & Boulton today for your free consultation. Our experts will advocate for you to receive the satisfactory resolution you deserve.
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.