Drivers and pedestrians each have rights and responsibilities when sharing roadways with each other. Since pedestrians typically sustain more severe injuries in accidents, drivers must be cognizant of their presence on the road. Negligent drivers that fail to do so subject themselves to significant liability.
A hit and run accident recently occurred in Louisiana involving a pickup truck and a pedestrian. The collision occurred on a highway in the early morning. The driver of the pickup failed to remain at the scene of the accident and officials are still looking for the driver. Although the condition of the pedestrian victim is unknown at this time, but given the nature of these accidents, it is likely that he or she suffered injuries. Authorities have reported that there is likely damage to the front passenger side of the vehicle including a missing rearview mirror as a result of the collision.
In motor vehicle accidents involving pedestrians, the rule of negligence is still applied to determine liability on the part of any involved party. Drivers are held to a standard of reasonable care, and if they fail to meet this standard and injure others in an accident, they may be found negligent. Actions that may evidence negligence on the part of a driver include speeding, driving while intoxicated and failing to respond to adverse weather or traffic conditions, among many others.
However, pedestrians in such collisions have a duty of their own. Pedestrians are required to apply reasonable care for their own safety and avoid dangerous conditions that they should have anticipated. A pedestrian that fails to use a crosswalk, darts into traffic or ignores a walk signal may be contributory negligent for their own injuries. Such a finding may lessen or negate any compensation award to which they may be otherwise entitled.
Pedestrians injured in a collision with a motor vehicle should be aware of the proof required to establish negligence on the part of the driver, as well as their own duty of care in such situations. A personal injury attorney can assist a pedestrian fight for the appropriate level of compensation he or she deserves.
Source: The News Star, “OPSO looking for truck, suspect in hit-and-run,” June 20, 2014