You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
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Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
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Pedestrian accidents are rising at an alarming rate.
If you or a loved one were involved in an accident acting as a pedestrian and struck by a motor vehicle or other vehicle, you may benefit from contacting a pedestrian accident attorney from TorHoerman Law for free, no-obligation case consultations with a member of our legal team.
You could be entitled to compensation for the losses that you incurred as a result of your injuries.
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Both drivers and pedestrians can be at fault in a pedestrian-vehicle accident.
Laws are typically tailored to prioritize pedestrian right-of-way and safety, but it’s up to both parties to act in accordance with the rules of the road.
Whatever the reason — pedestrian accidents have serious consequences.
Victims who survive often suffer from severe injuries and are left with subsequent medical, legal, and financial burdens.
Pedestrian accident victims do not have to handle these battles alone.
The following article provides information about pedestrian accident liability and compensation with resources for victims and their families.
Pedestrian Struck by Vehicle
Walking is healthy, environmentally friendly, and accessible for most citizens.
Unfortunately, it has also become increasingly dangerous.
The Governors Highway Safety Association (GHSA) reports that the number of pedestrians struck, injured, and killed by automobiles has increased exponentially in the past decade.
These accidents are most common in cities but are also frequent in suburban and rural communities.
While automobile safety advancements have increased survivability rates during crashes for vehicle occupants, pedestrians remain unprotected and vulnerable.
Common vehicle accidents involving pedestrians include:
Pedestrian accident statistics present an alarming trend.
Serious injuries and deaths have exponentially increased in the last decade, with rates reaching the highest percentages since the early eighties.
The following facts and statistics from the GHSA and National Highway Traffic Safety Administration (NHTSA) highlight the frequency and severity of these accidents:
Over 6,500 pedestrians were killed in accidents on U.S. roads in 2019. This is the highest number since 1988.
Over 137,000 people were treated in emergency departments for pedestrian accident injuries.
Most pedestrian accidents happen on local roads, away from intersections, and at night.
30 states had increases in pedestrian fatalities from 2018 to 2019.
From 2009 to 2018, pedestrian fatalities increased by 53 percent. By comparison, the total number of all traffic deaths only increased by 2 percent.
Common Pedestrian Injuries
Not only are pedestrian accidents becoming more common, but drivers are going faster and cars are getting bigger.
Unfortunately, this means that many pedestrian-car accident victims suffer from severe, catastrophic injuries.
Pedestrian and vehicle accidents are frequently severe and often fatal.
The GHSA reported that pedestrian deaths accounted for 17 percent of all U.S. traffic fatalities (6,283 of 36,560 total) in 2019.
This represents a five percent increase in a nine-year time frame.
The total number of pedestrian fatalities increased from 4,109 in 2009 to 6,283 in 2018.
This is a 53 percent increase in only nine years.
If a loved one suffered fatal injuries resulting from a pedestrian accident, you should seek representation from a wrongful death attorney.
Who is at Fault for a Pedestrian Accident?
Both drivers and pedestrians can be at fault in a pedestrian-vehicle accident.
Laws are typically tailored to prioritize pedestrian right-of-way and safety, but it’s up to both parties to act in accordance with the rules of the road.
While in some situations it’s obvious who is responsible, determining fault in pedestrian-car accidents is not always straightforward.
Determining who is at fault can be complex and dependent on a variety of situational laws and details.
If you’re involved in a vehicle-pedestrian accident, it’s important to never admit fault at the scene.
This can be used against you in future hearings, deliberations, and arbitrations – so it’s best to turn to a pedestrian accident lawyer to help handle the situation.
Driver Fault
The majority of pedestrian accidents are caused by driver negligence.
This includes scenarios where a driver does not exercise reasonable caution, such as distracted driving, or fails to obey traffic laws and signals.
Some of the most common causes of pedestrian accidents are drivers:
Not giving pedestrians the right-of-way
Driving above the speed limit
Operating their vehicle while under the influence of drugs and/or alcohol
Pedestrian Right-of-Way
Pedestrian laws vary from state to state, but in general, drivers are expected to stop and yield to pedestrians at crosswalks and other marked spaces.
The following Illinois right-of-way laws outline situations when a driver must come to a complete stop.
The rules of the road are similar in California, Missouri, and Pennsylvania.
The situations include:
When the pedestrian is on a marked crosswalk
When the pedestrian is on an unmarked crosswalk on the driver side of the road
While turning at any intersections, including legal right turns on red
When the pedestrian is walking to a walk signal and/or a green light
At stop signs or flashing red signals where a pedestrian is crossing
Visit Cyber Drive Illinois’ Pedestrian Safety Driver Guidelines for an extensive list.
Speed Limits
Speed limits exist for a reason.
Driving above the speed limit increases both the likelihood of a pedestrian-vehicle accident and the severity of the victim’s injuries.
Drivers who strike a pedestrian while speeding is likely to be found liable and face a variety of other charges, especially in accidents resulting in a pedestrian’s death.
Driving Under the Influence
Driving while intoxicated is dangerous, illegal, and contributes to a large number of pedestrian deaths.
GHSA data shows that 16 percent of drivers involved in fatal pedestrian accidents had a blood alcohol concentration (BAC) that exceeded the legal limit of 0.08 g/dL.
Drivers in pedestrian accidents found to be operating their vehicles while under the influence of alcohol (beyond the legal limit) or drugs can be charged with:
Fault
Drunk driving (DUI)
Reckless driving
Numerous other charges
It’s also possible that they will lose driving privileges and/or their driver’s license (especially if the injured pedestrian accidents involve drinking and driving).
Pedestrian Fault
Pedestrians can also be at fault in pedestrian-vehicle accidents.
They are expected to follow the rules of the road and give drivers the opportunity to yield.
Courts are more likely to side with the driver in cases where the pedestrian exercises little to no caution.
Disobeying Pedestrian Traffic Laws and Signals
The pedestrian right-of-way laws (listed above) were written to protect pedestrians and give drivers time and space to stop.
So pedestrians can safely cross or walk alongside the road, they designate certain areas for pedestrian use – such as crosswalks, pedestrian paths, etc.
However, this does not give them free rein to disobey walk and traffic signals, venture into the road unexpectedly, or move into a crosswalk at the last second.
Alcohol Impairment
Alcohol impairment is unsafe for drivers and pedestrians alike.
In fact, GHSA data shows that one-third of pedestrians killed in pedestrian-car accidents ages 16 and older had a BAC of 0.08 g/dL or higher.
Pedestrians who are under the influence are more likely to exercise poor judgment and/or disobey laws and signals when near traffic.
They are also more likely to be found at fault.
Shared Fault
Fault can be partially shared by both involved parties.
In many cases, both the pedestrian and driver are somewhat responsible for the accident.
For example:
If a car is speeding and strikes a pedestrian who entered a crosswalk at a non-walk signal, it’s likely they will both argue that the other person caused the accident.
If courts determine shared fault, both parties are expected to contribute to the cost of damages.
However, it’s likely one party will be considered more at fault and will have to cover a greater percentage of the costs.
5 Steps To Follow If You are Involved in a Pedestrian Accident
Being involved in a pedestrian-vehicle accident is a stressful and often traumatizing experience.
Whether you’re the driver or the person who was hit, it’s important to know how to handle the situation.
This will help ensure the best outcome for every person involved.
These are the five (5) steps to take after a pedestrian automobile accident:
1. Do Not Leave the Scene
Never, ever leave the scene of an accident.
It will make all involved parties’ situations worse, and it’s against the law.
Instead, get out of the road and harms way if possible.
If you’re the driver, turn on your hazard lights, move your car out of the road, shift your car into park, and turn off your engine.
2. Contact the Police and Medical Personnel
If the accident is severe, call 9-1-1 immediately to alert authorities and medical personnel.
Follow their instructions.
If no one is injured, it’s still important that you call the local police department’s non-emergency number to report your accident.
This is crucial for subsequent insurance and legal proceedings.
3. Document the Pedestrian Accident and Contact Your Insurance Company
It’s crucial that you document the pedestrian auto accident.
Take pictures of injuries, damages, and the intersection or road where the accident happened.
Take detailed notes with the date and time of the accident and how it happened.
Takedown any names, phone numbers, license plates, and insurance information of all involved parties, including witnesses.
Do not admit fault.
Do not sign any documents unless they are from police or medical personnel.
Contact your insurance agent when you are able to do so.
4. Track Any Related Medical Treatments and Expenses
If you are injured, it’s important to seek out proper medical care to mitigate your injuries.
Keep track of all medical visits, treatments, and expenses along the way.
This will help your pedestrian accident attorney and/or insurance agent guarantee that you earn proper compensation for your injuries and damages.
5. Hire an Experienced Pedestrian Accident Attorney
Finding a lawyer experienced in pedestrian accident lawsuits will help ensure that you have a strong case.
This will increase your chances of earning full compensation for any relevant medical costs, lost wages, and other damages.
Caron, Christina, and Niraj Chokshi. “Pedestrian Deaths in U.S. Approach Highest Number in Nearly 30 Years, Study Shows.” The New York Times, The New York Times, 7 Mar. 2019, www.nytimes.com/2019/03/07/us/pedestrian-deaths.html
“Code Section.” Law Section, leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950
Eldredge, Barbara. “Walkable Cities Are Healthier Cities, New Study Affirms.” Curbed, Curbed, 7 Nov. 2016, archive.curbed.com/2016/11/7/13539982/walkable-cities-health-walkability
Walker, Alissa. “Walking Is Increasingly Deadly, and Not Because People Are on Their Phones.” Curbed, Curbed, 3 Sept. 2020, archive.curbed.com/2020/9/3/21419149/pedestrian-safety-deaths-angie-schmitt
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