Can You Ignore The Speed Limit To Flow With Traffic Car Runs Over Pedestrian

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Car Runs Over Pedestrian

In 2012, 168 pedestrians were killed and 4,548 injured in traffic accidents. This was an increase from 2011. 41%, the highest number of fatal pedestrian accidents occurred when a pedestrian was entering a crosswalk or a designated location. Most of the pedestrians who died were among pedestrians aged 75 and over. Other age groups with high death tolls include 50-54 and 20-24.

A 2012 study of pedestrian texting by researchers at the University of Washington monitored the 20 busiest intersections in Seattle and found the following:

Texting pedestrians are 4x LESS likely to look before crossing the street, crossing crosswalks, or obeying traffic signals. They also found that texting pedestrians take an average of two seconds longer to cross the street.

Claims due to negligence:

Typically, any recovery in a pedestrian negligence case involving a motor vehicle will depend on the exact duty of care of those involved. Both drivers and pedestrians must obey road traffic laws and exercise reasonable care.

In many cases it may seem obvious who was careless or negligent, but courts consider many factors when applying the facts of each case to the elements of a “negligence” claim. A person who operates a vehicle negligently may be required to pay compensation for personal and property damage caused by that negligence.

The driver’s duty of care in general:

People operating cars must exercise “reasonable care under the circumstances”. Any failure to exercise reasonable care is considered negligence.

Some of the most common factors that contribute to driver negligence are:

• Inattentive or overworked driver

• The driver’s failure to comply with posted speed limits

• The driver does not give way to pedestrians at marked crossings

• Disregarding traffic signs or signaling

• Inadequate signal when turning

• Ignoring weather or traffic conditions

• Driving under the influence of drugs or alcohol

* Texting while driving

Pedestrian’s duty of care:

Pedestrians must take care of their own safety. The caution required of a pedestrian must be proportionate to the danger to be avoided and the consequences that can reasonably be expected. Comparative negligence can be assessed against a pedestrian if he failed to observe such caution and directly contributed to the cause of his own injuries.

Some of the most common contributing factors to pedestrian negligence are:

• Pedestrians who ignore the walk sign at the intersection

• Pedestrians who join the flow of traffic and disrupt the flow

• Pedestrians who do not use marked crosswalks

• Pedestrians who “whistle” in front of the vehicle

All too often we hear about pedestrians being hit by a motor vehicle. The driver must be alert at all times. Similarly, pedestrians should also be careful when crossing any road. This is a preventable accident and if everyone pays attention, lives can be saved. Pedestrian car accidents usually result in serious injuries to the pedestrian because the pedestrian is not shielded or protected in any way from the impact of the motor vehicle.

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