An accident involving a pedestrian being hit by a car or other form of vehicle is the most fatal kind of accident, yet it is also the most common. According to a statistic released by NHTSA or the National Highway Traffic Safety Administration in 2013, a pedestrian dies every hour and injured every 8 minutes because of accidents involving a vehicle. Fatality of a pedestrian is very high because as you can imagine, there is form of protection on pedestrians. Their only hope of not getting injured while walking in the sidewalk or crossing the street is the faith that motorists will follow the traffic laws and not drive recklessly.
According to the same report by the NHTSA, pedestrian collision accidents are more common in cities or urban areas. It usually happens at night and in most of these accidents, alcohol is involved. Usually, either or both the driver and pedestrian has ingested alcohol based on their blood alcohol content or BAC. It is has also been found that 9 in every 10 pedestrians hit by a car dies. 20 percent of pedestrian collision cases are hit and run because the drivers at fault do not stop to help the victim. These statistics are a sad reflection on our society. However, the laws are on the side of pedestrians and you have every right to sue if you or a member of your family is a victim of pedestrian collisions.
Issue of Liability
According to the law, a driver of a vehicle is held more accountable compared to a pedestrian in any circumstance since vehicles being driven in a highway have the ability to inflict fatal bodily harm. Therefore, even if the pedestrian was at fault, the driver must exercise an action that will protect the pedestrian. For example, a pedestrian was jaywalking or crossing the street on a non-designated pedestrian lane illegally, so in this case, the car has the right of way. However this does not mean that if the pedestrian got hit, the vehicle has no responsibility at all. Even if the vehicle has the right of way, he must stop or do everything possible to protect the life of the pedestrian. This point is always given to the jury and the court in every case.
Lawsuits and Claims
Lawsuits almost always follow when pedestrians are involved in collisions with vehicles. When injuries are sustained, a personal injury claim is a suitable claim to pursue. This will compensate the victim for the damages and loss of ability to work in the future, the cost of medical care and other future medical help needed and other damages. The partner or spouse of the victim can also file for loss of consortium claim if the injuries of the victim have affected his ability to comfort and care for his/her partner or spouse. Wrongful death claim may also be filed in cases where in the victim died because of the accident. In cases when the driver did not stop to help the pedestrian, is automatically sued for a hit and run case.