Pedestrians and Vehicles: Injuries They Can Sustain and Cases

When a vehicle accidentally strikes a pedestrian – whether the vehicle was moving at a high rate of speed or a low rate of speed – hitting a pedestrian can result in numerous injuries including life-threatening injuries.

Pedestrians could suffer injuries in their head, chest, stomach and extremities. Of course, there are several mitigating factors that affect how severe the injuries will be:

- Kind of vehicle
- Speed the vehicle is traveling at
- Age of pedestrian
- Where he/she is hit

Some possible injuries pedestrians can sustain include:

- Fractures (arms, legs and ribs)
- Head trauma
- Internal bleeding
- Internal injury (spleen, liver, etc.)
- Pelvic injury
- Spinal cord injury
- Death

The recovery process for pedestrians can be long and painful; the medical costs associated to the accident can run into the tens of thousands of dollars.

6 Cases Of Driver Negligence

The first thing that must be established is the person driving the vehicle must take the utmost care. Of course, the exception is that he/she operates the vehicle with care to avoid injuring anyone.

There are several factors that can lead to an accident that involves a pedestrian:

1 – The driver is being inattentive (for whatever reason) or is distracted. This is considered negligent behavior. The distractions are using an electronic device like cell phone or GPS, etc. It can also be the result of the radio or other persons in the car.
2 – Speeding is another kind of negligence. Pedestrians hit by a speeding vehicle can suffer very serious injuries – even death.
3 – Pedestrians crossing the road must be extremely careful of vehicles. After all, some drivers will fail to yield to crosswalks especially if they are making a turn. There are other issues that can result in crosswalk accidents.
4 – Should a driver ignore signs or travel signals, they are negligent in the accident. If the driver does not use a turn signal, it could make it harder for pedestrians to know their intentions.
5 – When weather or traffic conditions dictate slower driving and a driver does not slow down, he/she could be negligent in the event of an accident with a pedestrian.
6 – A driver found to be under the influence of either alcohol or drugs is also negligent.

Duty required for pedestrian side

It is hard to determine which party was responsible first, especially in the shared road situation. A pedestrian should always take a reasonable care for oneself, in any time of the day. If any of the people walking involves a minor, there should be safe side adult who will watch for them to use cross walk and/or sidewalk all the time. Danger and risky situation should be avoided using reasonable anticipation and any consequences coming out of reckless actions should be aware. There are times when negligence would be assessed  against a pedestrian when the situation turned out to be the case of one’s own fault in the first place. The followings are examples of such cases:

- When a pedestrian totally ignores the stop signal at an intersection, especially when it’s blinking to complete stop.

- Ignoring and failing to use designated, marked crosswalks, therefore interrupt the traffic flow and putting moving vehicles in more dangerous situation via sudden stop or wiggling.

In any cases, negligence by either party (driver or pedestrian) will cause bodily damages and injuries, along with property defect to the vehicle itself, along with license revocation. Both parties should use their reasonable thinking and cautions, protecting each other and avoid any foreseeable risks. Still, if there is an established lawsuit case, then the plaintiff (injured party) should prove the other party has faulty causes that lead into an accident and injury involving the plaintiff. And the court will look and consider many factors involving an accident, weighing the negligence elements from both parties. If it was a vehicle operator who was negligent, then he/she would have to pay the damage cost for personal and property as a result.