Pedestrian Accidents

Traveling on our own two feet is often a pleasurable mode of exercise. Walking in highly populated urban areas, however, can be extremely dangerous, and the possibility of being in a pedestrian accident increases. While pedestrians enjoy the right of way in theory, in many pedestrian accidents, inattentive, speeding, or intoxicated motorists violate that right.  Unfortunately, it is the unprotected pedestrian that pays the price in a pedestrian accident.

Accident Facts and Figures

According to the NHTSA, there are approximately 70,000 pedestrian accidents in the United States each year, including about 5,000 resulting in the death of the pedestrian.  Pedestrian fatalities make up 11 percent of the total <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.yostlaw.com/auto-accidents.html>automobile accident fatalities</a>.  The pedestrian death rate in 2005 is 1.6 per 100,000 people.

Most accidents occur in the afternoon around three and four o'clock.  Many of these involve children leaving school and heading home.  In many cases, especially with younger children, they bolt out into the street, heedless of the danger.  Evening traffic is also heavier in the afternoon, which contributes to the number of accidents.

Some of the most common pedestrian accidents include:

• Pedestrian crossing in the middle of a block
• Pedestrian traveling with the traffic
• Vehicle turning into a pedestrian
• Vehicle backing into a pedestrian

The extent of the injuries is directly related to the speed of the vehicle.  Someone struck by a car moving at 20 mph has a 5 percent chance of being killed.  At 35 mph, there is a 45 percent chance of being fatally injured and an 85 percent chance at 40 mph.  Those are dangerous odds.

Serious injuries are also common when people tangle with cars.  There are numerous types of injuries possible in a pedestrian accident, including:

• <a onClick="javascript:pageTracker._trackPageview('/outgoing/article_exit_link');" href=http://www.yostlaw.com/brain-injury.html>Traumatic brain injury</a>
• Broken limbs
• Spinal cord injury
• Disfigurement

These injuries not only occur with direct impact with the automobile but might also result from impact with the ground or flying debris.

Defensive driving is imperative especially in crowded urban areas where pedestrians are likely.  If you are driving near a school or a park, extra caution should be employed because you never know when a small child will run out in front of you.  Slowing down is probably the greatest way to avoid a pedestrian accident.  Driving slowly also improves your reaction times in case you need to stop suddenly to avoid a pedestrian.

Small children and the elderly are more susceptible to personal injury or death in a pedestrian accident.  Accidents occur most frequently with children under age 16, while pedestrian fatalities occur more frequently per incident for the elderly because they are more fragile.

When you are driving, you are responsible for the pedestrians in the area.  True, they may run out in front of you, but you need to be aware of the possibilities and adjust your speed and attentiveness accordingly.  Should the injured person decide to file a lawsuit, you, as the driver, are more likely to be found at fault for the accident.  Pedestrians injured in a pedestrian accident are eligible to collect damages for medical expenses, pain and suffering, lost wages, and even punitive damages.  Survivors of a pedestrian killed in an accident can file a wrongful death suit to recover damages.