Car vs. Pedestrian Accident

Unfortunately, accidents involving cars and pedestrians are very common. When considering how a car vs. pedestrian accident differs from each other, there are many similarities, as well as notable differences.  According to the National Highway Traffic Safety Administration, one pedestrian was injured every seven minutes in traffic crashes in 2019.

When you get into an accident with another vehicle, both motorists are somewhat protected by the car’s shielding. Of course, that doesn’t mean that severe injury and death can’t occur from the collision. However, pedestrians are fully exposed. Therefore, they have a greater chance of bringer seriously or fatally harmed.  When taking injuries, legal actions, and outcomes into account, car vs. pedestrian accidents differ in the following ways. 

Legal Implications of Getting Into a Car Accident

Car accidents can range in severity from a fender bender to a fatal crash. Depending on how serious the accidents are and who caused them, the legal implications will vary. If you get into an accident with another vehicle caused by another’s negligence, you might be entitled to recover damages through legal action. Compensation might include any costs you incurred as a result of injury, like medical bills, lost wages due to missing work, vehicle repairs, and other relevant damages.

Conversely, if you are at fault in a car accident, the other involved parties might seek damages from you for their injuries and additional costs. Punishment is based on each state’s at-fault laws. In the US, each state has different rules and regulations. Additionally, drivers can still be liable for property damage that they cause if they are responsible for an accident in a no-fault state.

Legal Implications of Getting Into a Pedestrian Accident

Determining who is at fault is the most important factor in a pedestrian accident. The law of negligence is generally used to determine responsibility in these instances. A simplified way of explaining this is that a person is negligent if they fail to exercise reasonable care under the circumstances.

In the case of a car and pedestrian accident, both the pedestrian and the driver can be at fault. An example of this would be if a driver is speeding and hits a pedestrian illegally crossing the street. Some states follow what is known as a “comparative fault” rule. This means that some damages can be recovered by pedestrians even if they were partially at fault in the accident.

A number of states follow a “pure contributory negligence” rule. What this means is that if the pedestrian is at all at fault then they aren’t able to recover damages.

Who Is Most at Risk in an Accident?

According to the CDC, there were 8,000 pedestrians killed in traffic accidents in 2021 in the U.S. That means that about every 88 minutes, there is a pedestrian death in the United States. Additionally, an estimated 137,000 pedestrians received emergency department treatment due to non-fatal injuries during the same year.

Nearly half of the accidents that lead to the death of a pedestrian involved alcohol. Older adults and children are also at risk for pedestrian accidents. There are a few additional risk factors for getting into a pedestrian accident. Most occurrences involving pedestrians suffering fatal injuries occur at night when they are less visible.

Car vs. Pedestrian Accidents: The Main Differences

Getting into an accident of any kind is something that you obviously want to avoid. However, the consequences of getting into an accident might be quite different in a car vs. pedestrian accident.

After an accident with another car, hopefully, little damage was done and no one is injured. However, this is not always the case. Instead, you could end up in an insurance battle over damages. Or, you might find yourself bringing a lawsuit against the driver that you believe was at fault.

On the other hand, if you hit a pedestrian with your vehicle, you could be held liable. Drivers have what is known as the duty of care. This means that there is a standard they are held to. Therefore, they are obligated to act cautiously and not endanger others. 

However, there are some incidents where the pedestrian might be held responsible and not the motorist. For example, if a pedestrian tries to outrun a car and jumps in front of traffic, the fault falls on the pedestrian.

Filing a Personal Injury Claim

After a pedestrian accident or a car accident, contact a personal injury lawyer as soon as possible. This will help to protect your rights and hold the liable party accountable for their reckless actions. There are some notable differences between car vs. pedestrian accidents. Understanding the differences is essential to make sure you understand what legal options you have after an accident. 

The experienced attorneys at Alpha Accident Lawyers will work to protect your rights and help you get the compensation you deserve. To learn more, schedule a free consultation with us today.