Pedestrian accidents can lead to serious injuries like broken bones and traumatic brain injuries (TBIs). Unlike drivers and passengers, pedestrians are left unprotected while walking on the road. Any car traveling from moderate to high speeds is likely to cause significant damage after hitting a pedestrian. This is why pedestrian deaths are common with these accidents. In some cases, the accident can be the driver’s fault, but in others, the pedestrian’s fault. Talk to a Tennessee auto accident lawyer today to figure out who was negligent.
How Negligence is Determined
Negligence for a car accident is typically determined by an investigation of what happened. Courts will often use multiple testimonies to determine what exactly happened and find lies or misinterpretations of how the accident actually occurred. This ensures that both sides of the story are heard.
The law of negligence means that a person was injured due to the carelessness or recklessness of another person. Pedestrians can be negligent when they jaywalk, go across a crosswalk at the wrong time, or walk off the sidewalk onto the road. Drivers can be negligent when they break traffic laws, speed, fail to yield or stop, or hit someone because they were engaged in distracted driving. Examples of distracted driving include texting, using a cell phone, and eating while behind the wheel.
In cases where both parties were negligent, the charges can be divided amongst them. However, this can depend on the state. A lawyer can help you figure out how the division of compensation may affect your finances.
Ways to Avoid Pedestrian Accidents
Around 5,977 people were killed in pedestrian accidents in the year 2017 alone. Everyone and anyone can be a pedestrian and
no one wants to experience the aftermath of a tragic accident. This has led many people to seek ways to avoid them.
Drivers can avoid accidents by following basic defensive driving tactics. They can pay extra attention at busy intersections with multiple crosswalks to make sure no one is crossing or jaywalking at the wrong time. If a person starts jaywalking, drivers can slow down and have their foot on the brake just in case. Avoid passing cars stopped at crosswalks and never pass school buses with flashing lights.
Pedestrians can also follow basic golden rules to increase their safety. Avoid texting while walking on the street or a crosswalk. This can block your vision of everything else happening around you, like a car driving in a parking lot. Obey signals and use sidewalks as much as possible. Make sure drivers know you are about to cross a road with no crosswalk during somewhat busy traffic, but it is safer to wait for clear traffic.