Even if you crossed a street at an undesignated crosswalk, you may be entitled to receive damages based on comparative fault. Essentially, both parties should take reasonable care to avoid causing harm or an accident. If a pedestrian jaywalks, he or she may be found only partially at fault for an accident if there is evidence that the driver engaged in negligent behavior, including speeding, distracted driving, or driving drunk.

While motorists are legally obligated to take reasonable care to watch out for pedestrians, it is not uncommon for the dangerous design or quality of a road to contribute to a pedestrian accident. For example, if an intersection is poorly marked and poorly lit, it may interfere with a driver’s ability to see an individual crossing the street. The government agency or property owner responsible for maintaining that intersection may be liable for damages for failing to take reasonable measures to prevent harm.

Pedestrians are incredibly vulnerable to the actions of reckless and negligent drivers. Common causes of pedestrian-related crashes include:

Distracted drivers
There were 520 nonoccupants (pedestrians, bicyclists, etc.) killed in distraction-affected crashes in 2014.

Poor visibility
In 2014, 72 percent of fatal pedestrian accidents occurred in the dark

Drunk driving
An estimated 14 percent of fatal pedestrian crashes involved a drunk driver in 2014.

Failure to yield the right-of-way
Drivers are required to yield the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks in most situations.

Poor roadway design
Streets without sidewalks or crosswalks and other dangerous road conditions can increase the risk for a pedestrian accident.

Severe and fatal injuries can occur when a pedestrian is hit by a vehicle. Even at low vehicle speeds, life-altering damage can be done to pedestrians. Common injuries associated with pedestrian accidents include:

• Cuts and lacerations
• Internal injuries
• Broken bones and fractures
• Spinal cord injuries
• Head and brain injuries
• Death

Quickly. To be safe, you should talk to an attorney as soon as possible, especially if the injuries are severe or a death has resulted. All too often valuable evidence disappears, witnesses move, memories grow dim and the practical ability to prove your case may diminish.

If you are still being treated by a physician, an attorney can also provide you with guidance concerning your medical care and help you deal with unpaid bills and getting needed treatment.

Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy’s terms, or suspect bad faith on the part of your insurance company. Contact Thomas J. Henry to discuss your personal injury case for free.