An amazing number of people get hit by a car every year, many of them permanently injured or even killed. So, no matter how many signs are installed, laws are passed or errant drivers punished, walking in a street continues to remain an inherently risky activity, even in the safest of cities. Now, in 2021, with folks returning to the office after COVID, the risk of accidents has increased with many folks not used to driving every day and starting all over again as well.
Randomness Affects Everyone
Pedestrian accidents with vehicles can happen at any time to anyone. No matter the background, if one walks outside, he or she takes a chance of getting hit. Many cases bear out driver error as well, especially with technology. For years, the problem used to be people speeding and just not watching where they were going while driving. However, with electronic devices, people are even more distracted and prone to letting the vehicle they are driving go in directions they miss for a split second or two. And that’s when a pedestrian accident usually happens.
When it comes up to pedestrian injuries caused by cars or trucks, it’s a matter of physics. A greater amount of mass at speed will translate that velocity and energy into what it contacts with, in this case, a victim. And, given the weight difference as well as the size, people lose all the time.
Drivers Have a Duty of Care
Legally, car drivers have a greater responsibility to know what they are doing at all times when driving. They are the ones operating the vehicle. While pedestrians are responsible for following traffic laws as well, most jurisdictions require drivers to have extra care, even if a pedestrian walks out on a street when he or she is not supposed to. Much of the difference has to do with the fact that the vehicle can, and usually will, cause far more harm to the person than the pedestrian to the car or driver.
Drivers in pedestrian/car accidents can definitely be found responsible for both traffic violations as well as civil penalties as well. First, they have a duty of care when driving a vehicle, which is part of being provided a license. Second, because of the duty expectation, they automatically have to operate a car with a higher level of care and attention. If failure to do so results in someone getting hurt, the findings can range from negligence to even criminal responsibility.
Don’t Expect Care to be Automatic
If you’re the victim of a pedestrian accident, don’t just rely on your health insurance or the driver to take care of everything. In fact, sometimes the driver might panic and try to drive away to avoid responsibility. Even if it doesn’t seem that serious, you should have a personal injury attorney on your side reviewing the case while you’re recovering. Too many details can be forgotten quickly with just a little bit of time, and that can make a big difference in recovery if you need help later on.
The sooner an attorney is involved, the better off your protection will be, especially in terms of obtaining the right medical care as well as holding a driver responsible for any injury or property loss caused. There’s no reason that justifies losing your mobility and health because of someone’s driving mistake.
