According to the National Highway Safety Association, or NHTSA, around 5,000 pedestrians lose their lives each year in motor-vehicle related mishaps and adds that 76,000 pedestrians are injured due to car or truck accidents. Usually, these events happen when a pedestrian attempts to cross a road or highway. Besides vehicular accidents, non-vehicular mishaps involving pedestrians occur each year as well. Parking lot defects or poor maintenance are the common causes for these occurrences.
Defining Negligence
Whether a pedestrian is injured as the result of a vehicle accident or property defect, he or she can recover damages for their injuries, especially if they resulted from another person’s negligence. Personal injury attorneys in Sparks, NV define negligence as a failure to do or not do something that a reasonable person does, in a similar circumstance, to safeguard other people from risk.
When a pedestrian is injured, more than one party may be responsible for the accident. Depending on the situation, the potential liable parties may include:
* The driver of a vehicle who hits a pedestrian
* The party who is responsible for maintaining the pavement where the accident occurred
* The pedestrian
The Duty of Care
Therefore, personal injury attorneys must review cases and base their cause for bringing suit on the duty of care owed by the involved parties. Both the driver and pedestrian must follow the rules of the road while exercising reasonable care. Although it may seem obvious who is negligent, the courts still review a number of factors when deciding negligence.
Reasons for Driver Negligence
According to personal injury attorneys, some of the factors that contribute to driver negligence include:
* Speeding
* Distracted driving
* Failing to yield the right-of-way
* Disobeying traffic signals or signs
* A failure to signal while turning
Personal injury law covers a broad area of litigation, including slips and falls, wrongful deaths, and animal bites.
