When crossing a highway, there is a chance that a pedestrian could be injured. According to the National Highway Traffic Safety Association, close to 5,000 pedestrians are killed each year in accidents involving motor vehicles. Additionally, it was estimated that about 76,000 people were hurt in 2012 after being hit by a car or a truck. There are several criteria used to determine if a driver is at fault in such an accident.
One issue that will be taken into consideration is whether a driver exercised due care at the time of an accident. If the rules of the road were not being followed, it may be possible to establish that the driver was negligent. However, a pedestrian who was not exercising due care could be found partially or totally liable for the accident.
Third parties may also be solely or partially liable for pedestrian injuries during a non-motor vehicle accident. For instance, if a parking lot or sidewalk was poorly maintained, the entity responsible for maintaining it could be partially responsible for the the pedestrian falling and being injured. The factors in a given case would determine if negligence of a third party created conditions that led to a pedestrian suffering injuries.
Pedestrians who are injured in a crosswalk or in another situation involving a negligent driver may wish to speak to a personal injury attorney who can assist in seeking compensation for medical bills and other costs. Compensation may also be available to reimburse victims for lost wages if they were unable to return to work. In these situations, the attorney can use the results of police investigations and other evidence to show that the driver breached a duty of care.
Source: FindLaw, "Pedestrian Accidents Overview", accessed on Jan. 30, 2015