Pedestrian accidents result in negligence claims or lawsuits because the parties involved owe a duty of care to each other. Public roads, sidewalks, streets, and highways are available to drivers, riders, and pedestrians for use; hence, each of them is equally responsible to obey traffic rules and undertake necessary precaution. Most auto accidents involving pedestrians occur after dark, particularly in areas that are not adequately illuminated with artificial lighting at night. Most of the time, the driver of a car is deemed liable, but sometimes the fault lies with the municipal authorities (government agencies responsible for road/traffic maintenance), or the pedestrian themselves.

Pedestrian injuries are a serious public health problem; victims usually belong to the lower and lower-middle classes, particularly the elderly and children. Pedestrians are far more likely to die in a crash because they lack physical protection from a vehicle. If you or a loved one has incurred severe injuries in a pedestrian accident, Kentucky Personal Injury Lawyer can help you claim compensation from the perpetrator.

Common Factors related to Driver Negligence

1. Drunk Driving

Drunk drivers tend to violate traffic laws and are unable to react to obstacles in a timely manner because of dimmed senses. They may not notice a pedestrian on the road, or fail to apply brakes in time. Their actions are more reckless in the dark hours due to compromised visibility.

2. Distracted Driving

Drivers can get distracted on the road due to a number of reasons, but the biggest distraction is usually their smartphone. Taking a call or texting while driving diverts the driver’s focus from the road; this in return increases the possibility of an accident. Loud music, flashy billboards, or argument with a passenger can also be a fatal distraction.

3. Fatigue

Drivers overwhelmed by fatigue or dizziness may doze off and lose control of the steering wheel. Even with their eyes on the road, they are not able to quickly respond to incoming danger.

4. Failure to yield right of way

Most drivers unlawfully take the right of way even though they can clearly see the pedestrian trying to get across.

5. Speeding

People who drive above the allowed speed limit are the biggest hazard for pedestrians. It is easy to miscalculate time and distance when a vehicle is moving too fast.

6. Violating traffic lights

Drivers and riders who run red lights often become the death of pedestrians. The red light is supposed to give pedestrians an opportunity to cross roads, but reckless drivers take it away from them.

7. Driving in the wrong direction

People who drive in the wrong direction on one-way streets are highly likely to hit an innocent pedestrian.

Common Factors related to Pedestrian Negligence

1. Ignoring marked crossways and sidewalks

Pedestrians who don’t use marked crossways and sidewalks are more likely to go unnoticed by drivers.

2. Not looking out for the ‘walk’ signal at intersections

Pedestrians should wait for the walk signal on intersections where applicable.

3. Crossing a busy road recklessly

Many pedestrians do not wait for a break in traffic to cross the road. They frantically run in front of a vehicle, expecting the incoming driver to see them and stop.

4. No precautions for walking after dark or in bad weather

Pedestrians should wear high visibility clothing if they need to travel at night. They should avoid passages that are not properly lighted and walk towards the edge of the road if there is no separate pavement. Carrying a flashlight at night is also a good idea. 

5. Blocking busy streets

Pedestrians playing or protesting on the roads are regular victims in auto accidents.

6. Walking while intoxicated or sleepy

Travelling by foot alone while you are intoxicated or sleepy is dangerous. You should call a cab, use the bus, or ask someone sober to accompany you.