What is considered a pedestrian accident?
When walking the streets of your city, the last thing on your mind is the risk of having a car accident and being injured. If you have been involved in a pedestrian accident, the important thing is to know all the legal details to make the right decisions and reach a satisfactory agreement. In this blog, we detail what constitutes a pedestrian accident, how the parties’ fault is determined, and how damages are calculated.
First: We have to know what is classified as a PEDESTRIAN: The term “pedestrian” refers to all persons who are not in a vehicle at the time of the accident. This means that a pedestrian is not just a person who is walking when an accident happens. Pedestrians are also considered to be people who:
- Are changing their tires.
- Are cleaning their vehicle from the outside.
- Are walking Using a wheelchair.
Second: Which party is at fault must be determined. Drivers can be found guilty if they are classified as negligent or careless.
A driver can be found guilty of performing the following negligent actions:
- Distracting themselves with the cell phone or a call.
- Not being attentive to traffic signs.
- Not noticing the crosswalks.
- Not noticing the weather or the state of the streets.
A driver can be found guilty of performing the following actions deemed careless:
- Ignoring the traffic signs.
- Driving at high speeds.
- Driving while intoxicated.
It must be taken into account that the pedestrian can also be found guilty if he was carrying out the following actions:
- Crossing the street recklessly.
- Disobeying pedestrian signals.
- Acting recklessly.
Third: After determining the guilt of the parties, the value of the damages is calculated.
This process considers all the medical attention required, the loss of income due to lack of work, pain, suffering, therapy, and other losses caused by the accident. We recommend that you hire specialized attorneys in these cases to determine the correct value of the damages.
At Nourmand Legal, we can help you with your pedestrian accident case. We have extensive experience in this matter, and we will guide you throughout the process to reach a satisfactory agreement. We understand the difficulties you are facing, and we want to be your ally in this process.
Call us at (800)550-9816 to find out about your case.