Need an Injury Attorney for a Pedestrian Accident in West Virginia?
Unfortunately, the National Highway Traffic Safety Administration (NHTSA) has determined that pedestrian accidents over the years are not falling, but have actually risen. Pedestrian fatalities are one of the few accidents that always seem to increase in time. In 2012, in all of the U.S., there were 4,743 pedestrians who lost their lives in these accidents. In Just West Virginia, there were 31. This increased by 11 pedestrians from the year before. One of the reasons why these accidents happen is due to negligence, with many drivers not watching out for pedestrians and owing them the duty of care that is considered reasonable and necessary on our dangerous roadways. Today we will take a look at the duty of care that drivers owe pedestrians and how liability can be determined.
Driver’s Duty of Care to Pedestrians
Pedestrians are entitled to the highest duty of care on our roadways since they are the most susceptible to fatalities. Pedestrians, like bicycle riders, have absolutely no protection when it comes to accidents on our roadways, which means that they can very seriously sustain the worst injuries. Drivers are supposed to constantly stay aware of the roads and watch out for pedestrians, especially in cities where they can be all over the sidewalks waiting to cross. When a driver fails to abide by the law and strikes a pedestrian through their own negligence, a pedestrian may be able to seek compensation for the injuries that stem from the accident. Here are the many common ways that negligence occurs in these accidents:
- A driver is using the lane improperly and forces a pedestrian onto the roadways, even hitting them head-on in some cases.
- A pedestrian is using a crosswalk that isn’t properly marked at an intersection, and a driver is not watching for them.
- A driver is making a left-hand turn accident and negotiating the intersection, which requires them to look ahead in some cases. They may not pay attention to the pedestrian crossing the street off to the side and turn right into them.
- Electronic use by pedestrians and drivers alike contributes to a variety of accidents each year.
- Pedestrians wearing dark clothing means that a driver may not be able to see them as well, and could run right into them on the side of the roads. This is especially prevalent in cases that occur past night, which are very popular.
Holding a Driver Liable
When you have sustained serious accidents, the one thing on your mind may be recovering from your injuries without having to worry about medical bills piling up. It is not uncommon to have sustained extremely serious injuries like a traumatic brain injury or broken bones after an accident, which means that not only are you required to seek treatment, but you will also be left without any way to return to work for quite some time, if ever depending on the severity of your injuries. This is why it is important to bring a claim against a negligent party in your time of need.
Do you need help as it pertains to making your claim against a negligent party and proving that they violated a safety statute on the roadways? We can help. From gathering the right documentation to the filing, to eventually settling or going to court for your case, you will get the compensation you need in a stressful time of your life. Call us for more information on how these cases work.