Pedestrian Accidents: Who’s at Fault?

About 8,000 pedestrians were killed by cars in pedestrian accidents in the United States during 2021 alone, which is a 13% increase from 2020. That’s equivalent to roughly one person every 66 minutes. Are pedestrian accidents really that common? What causes pedestrian accidents? Who is at fault when a pedestrian accident occurs? Let’s start with the statistics.

  • There were about 104,000 emergency room visits in 2020 alone for pedestrians with non-fatal car accident injuries.
  • Over 60,000 pedestrians suffered personal injuries in the United States in 2021.
  • Alcohol was involved for the pedestrian or driver in 49% of pedestrian accidents in 2021.

 

What Causes Pedestrian Accidents?

Police car accident reports commonly name disobeying traffic laws as the cause for pedestrian accidents. However, the time of day and alcohol consumption have also been cited as causes for pedestrian accidents and cyclist accidents. According to the NHTSA, below are some of the most common causes of these car accidents.

  • 1% of pedestrian accidents are caused by a failure to yield the right of way.
  • 1% of pedestrian accidents are caused by improper crossing of a roadway or intersection.
  • 2% of pedestrian accidents are caused by the pedestrian not being visible to the driver.
  • 2% of pedestrian accidents are caused by loitering in the road.
  • 5% of pedestrian accidents involve alcohol or drugs.

 

Pedestrian Safety

Pedestrians can help avoid injuries from car accidents by following the safety tips below provided by the CDC.

  • Increase your visibility when walking at night by carrying a flashlight and or wearing reflective clothing.
  • Only cross the street at designated crosswalks and intersections.
  • When the sidewalk is not available, walk on the shoulder facing traffic.

Drivers should remain on high alert, especially at night, to avoid  hitting a pedestrian. Following traffic laws such as yielding to the right of way, following the speed limit, and driving sober are vital to keep pedestrians and drivers safe.

 

Who is at Fault for Pedestrian Accidents?

Both pedestrians and drivers can be found negligent for a pedestrian accident depending on the circumstances of the collision. However, because drivers can cause more damage and personal injuries, they are held to a higher duty of care than pedestrians are. The bottom line is, it’s important to have a skilled personal injury attorney in your corner to help you prove who was at fault for the car accident and to help you obtain compensation for your personal injuries.

 

How Can an Attorney Help?

Because personal injury attorneys possess the knowledge and skills necessary to guide you through your personal injury case, hiring a lawyer significantly increases your chances of winning compensation. Your personal injury lawyer can assist you and your case by…

  • Gathering the evidence to prove who was at fault for the car accident such as security, traffic, or dashcam footage, medical records, and police reports.
  • Calculating the value of your personal injuries including past, present, and future personal injury related expenses.
  • Negotiating on your behalf for a settlement that covers all of your personal injury related costs, or by filing a lawsuit if necessary.
  • Negotiating with health insurance to reduce payment to them from a settlement.
  • Guiding you through the legal process.
  • Completing and submitting legal forms by deadlines.

If you have suffered a personal injury because of someone else’s actions or negligence, you deserve to be compensated. Contact the S.E. Farris Law Firm to schedule your no-cost initial consultation for free legal advice from a skilled St. Louis personal injury lawyer near you. We’ll fight for the compensation you deserve.