Pedestrians are particularly vulnerable due to the fact they they are unprotected compared to a person in a vehicle. Pedestrians can easily suffer whiplash, broken bones, traumatic brain injuries, and psychological trauma.
We have handled numerous cases involving pedestrians struck by automobiles. Typically, the driver has been either under the influence of drugs or alcohol, sending text messages, or simply being inattentive.
- The driver of a vehicle must give the right of way to a pedestrian who is in a crosswalk.
- If you have been crossing a highway at a point other than in a crosswalk, you must give the right of way to an approaching vehicle.
- Despite this, you are not necessarily at fault if you have been hit by a vehicle when not in a crosswalk.
- The driver of an approaching vehicle is not excused from the duty to drive with due care and attention regardless of whether a pedestrian has complied with the rules.
- A driver of a vehicle is required to reduce his or her speed in the presence of a pedestrian if it is clear that a danger to the pedestrian is present.
- However, the duty to drive with due care and attention is not triggered by the presence of a pedestrian but requires the driver anticipate the possibility of this risk or danger to a pedestrian.
If you are a pedestrian who has been struck by a car, contact us.