Pedestrian Accidents – Often a Result of Negligence

Data from the National Highway Traffic Safety Administration’s Traffic Safety Fact Sheet show that, in 2012, there were 4743 pedestrians killed in traffic accidents, while another 76,000 sustained non-fatal injuries.

Anyone, at certain periods of the day, is a pedestrian. It can be a person running or jogging, someone just standing at a street corner, a hiker, or a person who decides to walk to a nearby grocery, to a friend’s house, or to the office.

There are different factors that can put pedestrians’ lives at risk. Though majority of the incidences wherein pedestrians get injured or killed involve motor vehicles, there are also non-vehicular causes, such as poorly-maintained or defective sidewalks and parking lots, faded or lack of crosswalks (especially in rural areas), inadequately lit roads, and debris on walkways.

Most pedestrian accidents occur in rural areas and during the night, when many different factors that compromise pedestrian safety are at work, such as overspeeding drivers (which is common due to the very light traffic), unlit roads, unaccompanied elders, intoxicated drivers, or intoxicated pedestrians.

Both drivers and pedestrians are expected to observe and obey road safety rules as well as exercise reasonable care. While drivers are usually judged as the liable or negligent party in pedestrian accidents, when the case is brought to court, all elements are looked into and there have been instances when it was actually the pedestrian who acted carelessly and caused the accident.

Some of the factors considered by the court in determining acts of negligence include:

a. On the part of the driver:

  • Overspeeding;
  • Failure to yield the right of way to pedestrians, even at crosswalks;
  • Distracted driving;
  • Driving while intoxicated by drugs or alcohol;
  • Failure to signal, especially when about to make a turn; and,
  • Disregarding traffic or weather conditions

b. On the part of the pedestrian:

  • Ignoring the “don’t walk” signal;
  • Failure to cross at marked crosswalks;
  • Entering and disrupting the flow of traffic; and,
  • Darting in front of vehicles

A pedestrian who gets injured due to the negligent act of a driver or because someone never did a good job in maintaining and keeping roads, sidewalks or parking areas safe, may be able to recover damages for whatever injuries he/she sustains. Being represented by a knowledgeable and experienced personal injury lawyer or pedestrian accident lawyer, however, would be a necessity in a civil lawsuit as the liable party will definitely do everything to disprove accountability.

According to The Benton Law Firm, the state of Texas is known for many things, but not necessarily known as pedestrian friendly. Crosswalks and sidewalks serve more as potential “yields” to most drivers, rather than precautionary measures. As a result, many pedestrians are injured and killed each day due to driver negligence throughout the Dallas area. If you have been injured by a motor vehicle in a pedestrian accident, it may be in your best interest to contact a seasoned personal injury lawyer or pedestrian accident lawyer as you may be entitled to compensation for your injuries.

Will My Automobile Accident Case Go to Court?

A lot of people feel like they don’t want to pursue legal action at all because they don’t want to have to go to trial. Little do they know that not every legal case has to end up in court as, sometimes, two parties can reach to a settlement without having to go to court. All it takes is the right kind of negotiations with legal aid at your side.

If you have suffered from an accident such as an automobile accident, it is best not to panic. Understand that there is no shame in seeking help from those more experienced than you. Some insurance companies will even advise you not to contact an automobile wreck attorney and promise all sorts of things like quicker processing and less complications and such. However, they’re doing this to protect themselves from living up to their obligations. Essentially, they’re trying to cheat you on the rightful compensation that you so deserve.

For example, it is commonly overlooked for plaintiffs to demand only compensation for the damages to the vehicle as well as the medical expenses. These, in theory, could be easy to settle – especially if the fault is clearly identifiable. However, there are some variables such as loss of wages as well as emotional trauma that may need to be taken into consideration. Not to mention the fact that, of course, that certain subsets of personal injury can change in terms of scope of limitations from state to state. A small factor could mean the world to a case in California while it may be an altogether different case in New Jersey or Maryland.

Even though there are thousands of automobile accidents that happen every day – there is not a single case that is exactly the same as another.

Coping with an Amputation

Severe injuries that result in amputation can be both traumatic and life-changing, leading to others suffering from financial troubles, emotional distress, and even psychological stress. Anyone who has suffered from an amputation in any part of their body part can attest that the injury affects not only them but also the people that they love. Their quality of life has been changed and adjustments should be made to deal with the loss.

There are generally two causes of amputations: surgery and accidents. Regardless of the cause, the impact of the injury means long-term rehabilitation treatments, prosthetics, and adapting to their new circumstances. A lot of people who have gone through and injury that ended in amputation had to come into terms with their new situation and rebuild their life. Fortunately, those who had the injury because of another person or party’s fault can claim compensation for their damages.

There are two ways that a person can have an amputation: through surgery or accident. Surgical amputation is often done in life-threatening situation and as a last resort to prevent further risk to their patient. Accidents can cause an impromptu amputation due to trauma. According to the website of Russo, Russo & Slania, P.C., examples are road accidents and workplace accidents. In such events, identifying whether the damage was directly caused by recklessness or negligence or not is critical. If there is evidence that the other party was negligent and that directly caused the injuries, then a personal injury claim can be filed and compensation can be awarded.

Amputations can have a great impact to both the patient and their family. Physical, mental, and financial distress can accompany their emotional turmoil following their injury. This is why it is important that compensation is awarded to help cover for the cost of long-term treatment and rehabilitation, medication, and other expenses that may be necessary to rebuild and readjust to the new life.

Tripped and Un-Tripped SUV Accidents

Because of their size and height, it may not have the same stability as other smaller cars. Their designs have made them at a greater risk of rollover accidents, and these accidents often cause devastating injuries, property damage or even death. SUVs and light trucks have lower ability to maneuver around sharp corners or curves, and can easily tip over on uneven surfaces. This risk is even bigger when heavy cargo or passengers are packed inside the vehicle, which further decreases its stability.

SUV rollover accidents can be classified to two types: tripped or un-tripped. Poor steering on corners or curves while traveling at high speeds often result to SUV rollovers, usually when the tires hit the curb, dig into soils that are too soft, hit a guardrail, slide across a rough road surfaces, or bump to a snow bank. There are many other ways that an SUV can result to a tripped rollover accident, and tripping cover for 95 percent of SUV rollover accidents. On the other hand, un-tripped rollover accidents are often the result of the driver swerving to avoid hitting or colliding with another object while at high speeds. Speed, therefore, it a big factor in rollover accidents, as well as alcohol consumption.

Driving on an SUV at speeds higher than 55 miles per hours can lead to a fatal rollover accident. Aside from speed and alcohol, distraction is another factor that contributes to SUV rollovers and is a big cause for fatal single-vehicle rollovers. More or less 15 percent of rollover accidents involved collision with another vehicle, and a side collision often results to rollovers. There are many factors that can affect an insurance or injury claim after an SUV rollover accident. Greenfield car accident attorneys point out that the at-fault driver’s insurance company should pay for the victim’s injuries.

Today’s Cars – Built So Much Safer than Ever Before

You’d be surprised how cars are manufactured today – equipped with all the safety features to help you avoid crashes, and even if a crash becomes unavoidable, the car’s build will save you from being crushed inside or its enhanced strapping and cushioning features will make the impact less forceful.

The Insurance Institute for Highway Safety (IIHS) has conducted a series of tests to determine just how safe cars are for passengers, other motorists, pedestrians, motorcycle riders, and bikers on the road. These tests include:

  • Crashworthiness: cars will undergo performance tests to determine the strength and quality of roofs, head restraints, sides, small overlap fronts, and moderate overlap front
  • Front crash prevention: this involves evaluation of the forward collision warning system and automatic braking in SUVs and cars
  • Booster seat: this test is intended to determine how efficient and effective safety belts are, especially for children

These features, with the electronic stability control (which ensures drivers better control, especially of SUVs, to avoid rollover) and side airbags, are enhancements that the National Highway Traffic Safety Administration (NHTSA) mandated years ago. So, if you’re planning on buying your own car, never decide solely on how elegant it looks; make sure you evaluate its safety features as well.

Protection from Rollover Accidents

Cars at the highest risk for rollover accidents are SUVs, trucks, and any other standard-sized vehicle with a high center of gravity. In addition to relating directly to the car’s individual center of gravity, rollover risk is also related to the width between tires. When the right and left tires are further apart, the car has more stability when turning. Rollover accidents have an especially high mortality rate compared to other crashes because of the head and spinal trauma that drivers and passengers are liable to experience.

According to the National Highway Traffic Safety Association (NHTSA) 10,000 people are killed in rollover accidents annually. Rollover accidents account for one-third of all passenger fatalities. According to the website of Habush Habush & Rottier S.C. ®, common causes for car accidents are reckless driving, drunk driving, speeding, and mechanical defects. Fortunately, wearing a seatbelt has been shown to effectively protect drivers and passengers involved in rollover accidents. As rollover accidents increase the potential for bodily harm, they also increase the potential for expensive damage to the car. If someone else’s actions caused your car to roll over, their insurance company will likely be the one responsible for repairing or replacing your car. This is simply how car insurance is supposed to work. For more information on this type of compensation, visit Habush Habush & Rottier S.C.®.

Designing a sturdy roof is a common protective measure that designers and engineers take in order to keep drivers and passengers of high-risk vehicles safe. Severe rollover damage may be the responsibility of the car manufacturer. The cause of damage resulting from severe roof crushes could be due to defective roof material, roof pillar failure, seatbelt failure, or even faulty design. The NHTSA has created a rating system to test how a particular car can withstand a rollover accident. The rating system is part of the New Car Assessment Program (NCAP). The safety rating system has been evolving for years and provides buyers with useful information about various vehicle makes and models.

Here’s a post on my Google Plus on how to avoid road accidents, please check it out and share.