When a moving vehicle strikes a pedestrian, catastrophic
injuries usually result. Vehicles outweigh pedestrians by thousands of pounds
and exert great force that the human body cannot generally withstand. Despite a
“vehicle versus pedestrian” accident being most damaging to the pedestrian, a
driver may try to defend his or her actions through comparative negligence.
Due to the intricacy of personal injury cases and skill with
which some lawyers develop defenses for clients against plaintiff claims, it is
important to engage the help of an experienced personal injury lawyer for an
accident claim. An expert attorney will know your state laws well and can
pursue fair compensation for your injuries and other damages.
Comparative Negligence Defined
Comparative negligence is a defense used in court to
mitigate the amount of liability on the part of the defendant. In the past, the
rule for auto accident cases was that a party could not recover damages if he
or she contributed to their own injuries suffered during the accident. Although
this rule is seldom followed in courts of most states, many states use
comparative negligence to reduce the amount of recovery compensation a
plaintiff can receive according to the amount of responsibility he or she held
for the accident and resulting injuries.
As an example, a plaintiff in a car accident who is
determined by the courts to be 20 percent at fault for that accident and
resulting damages of $100,000 can only recover 80 percent of the damages, for
$80,000. Some states permit plaintiffs to pursue damages if he or she was less
than 50 percent to blame for the accident, as part of modified comparative
negligence.
Pedestrian Accident Statistics
Pedestrian fatalities are on the rise in the United States,
with industry experts attributing distracted walking as at least partially
responsible for the statistical increase. Chicago, New York and Los Angeles are
the top three cities in the U.S. for pedestrian fatalities from motor vehicle
accidents. In these, as in other urban area accidents, the U.S. Department of
Transportation reports that about 75 percent of pedestrian accidents occur in non-intersection
locations and primarily at night.
Distracted Walking
Just as drivers can contribute or cause car accidents
through distracted driving, pedestrians using a cell phone while walking can
increase the likelihood of being fatally injured by a motor vehicle. Experts
attribute increased accident involvement to texting, talking on the phone and even
playing games on smartphone while walking. Pedestrians engaging in these
activities become less aware of their surroundings and more likely to be
injured in a collision with a vehicle.
Listening to music through earphones
while walking, pedestrians cannot hear important sounds such as car horns, speeding
vehicles, crossing detections and other alerts. If pedestrians are not being observant
while walking, they may not see indications of impending collision.
One study reports that about 30 percent of all pedestrians hit by a car are distracted while walking because they are using their smartphone for
texting, talking on the phone or listening to music.
Initiatives to Prevent Pedestrian Distraction and Comparative Negligence
Due to the dangers associated with distracted walking, the
U.S. Department of Transportation has implemented safety program grants to
cities around the country where an above average number of pedestrian deaths
have occurred. The goal is to provide education, resource access and
enforcement of distracted walking measures, so pedestrians may become more
aware and alert while walking. Statistics of distracted walking support the
need for these programs, particularly since it has been proven that pedestrians
who are distracted require 18 percent more time to cross a street than those
paying attention at the crossing.
Comparative Negligence Due to Distracted Walking
When motor vehicle operators are involved in accidents with
pedestrians and the pedestrian pursues a personal injury claim, the driver may
try to use comparative negligence as a defense in their case. The claim may be
that the pedestrian was distracted and contributed to the accident by disabling
him or herself from avoiding injury. Pedestrians cannot usually be fully
blamed, however. Motorists have a greater duty to ensure they operate their
vehicle safely and provide pedestrians with right of way or other safety in
order to avoid injury them.
But using a comparative negligence tactic can reduce the
amount a pedestrian may gain from a personal injury case, even when they are
due compensation for significant damages. The defense may try to reduce the
amount they must pay for medical expenses, long-term care, rehabilitation
costs, loss of compensation and pain and suffering.
Help with Your Personal Injury Claim
When involved in an accident with a car, pedestrians suffer
many injuries that will negatively affect their lives for years to come. To
ensure compensation for your damages suffered in an auto-pedestrian accident,
it is important to ensure that you are supported in your case by an experienced
personal injury law firm. You may be entitled to compensation for medical
expenses, long-term care, rehab costs, lost wages and pain and suffering.
Statutes of limitations apply in these cases, placing a time
limit on your ability to file a claim. To ensure you are able to gain the
compensation you deserve, work with a lawyer who knows Arizona personal injury
law. Call the Cantor Crane Personal Injury Law Firm today at 602-254-2701 for a free,
no-obligation consultation.
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