Based on the National Highway Traffic Safety Administration (NHTSA) pedestrians were one of the few groups of road users to experience an increase in fatalities in the United States in 2013, totaling 4,735 deaths and approximately 76,000 pedestrians in 2012 suffered injuries when hit by a car or truck. The Centers for Disease Control and Prevention has identified Jacksonville pedestrians at the greatest risk:
Pedestrians ages 65 and older accounted for 20% of all pedestrian deaths and an estimated 9% of all pedestrians injured in 2012.
In 2012, more than one in every five children between the ages of 5 and 15 who were killed in traffic crashes were pedestrians.
Drivers and pedestrians who are alcohol-impaired
Alcohol involvement for the driver or the pedestrian was reported in 48% of the traffic crashes that resulted in pedestrian death. Where alcohol involvement was reported, 34% of pedestrians killed had a blood alcohol concentration (BAC) of greater than or equal to .08 grams per deciliter and 14% of drivers had a BAC of greater than or equal to .08 g/dL.
Additionally, higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of the injuries.
New Port Richey Driver Negligence in Pedestrian Accidents
In some instances, a pedestrian injured by a New Port Richey vehicle driver can file a claim based on driver negligence. It may be necessary to show the following:
- The driver of the vehicle owed the pedestrian a duty of care.
- The driver breached this duty, either by disregarding traffic laws, not paying attention to their surroundings, or driving recklessly.
- The pedestrian sustained a serious injury as a result of this breach.
A driver may be considered negligent for any of the following:
- Pre-occupation and failure to pay attention;
- Failure to observe the speed limit;
- Failure to yield the right of way at crosswalks;
- Failure to use turn signals;
- Violating traffic laws, including neglecting to stop at light and stop signs;
- Driving under the influence.
New Port Richey Wrongful Death
If a pedestrian does not survive an accident, their family members may bring a claim on behalf of their loved one to recover compensation for damages. They will be required to prove the same elements as pedestrians pursuing a negligence claim on their own behalf. An experienced New Port Richey pedestrian accident attorney will help family members who choose to file a lawsuit to hold the negligent party accountable for their actions.
Pedestrian Fault in New Port Richey, Florida
A pedestrian may be considered at fault, or having contributed to the accident in several instances including:
- Jaywalking: The pedestrian was jaywalking or crossing outside of the crosswalk.
- Traffic signals: Crossing against traffic control signals.
- Highways: The pedestrian crosses freeways, highways and other road ways without traffic controls.
- Prohibitions: Walking along freeways, highways, bridges, and other areas where pedestrian access is prohibited by law.
Damages for New Port Richey Pedestrian Victims
If you were injured in a pedestrian accident you can file a claim for compensation against the motorist involved in your accident. Your damages may include:
- Medical expenses
- Lost income
- Pain and suffering
New Port Richey Pedestrian Accident Attorneys
Collisions between cars and pedestrians can have serious, and potentially deadly, consequences. Identifying all of the sources of insurance that may apply is an important first step in the case and requires the assistance of an experienced, pedestrian accident attorney. If you or a loved one were injured in a pedestrian accident involving a motor vehicle, it is important to speak to a New Port Richey pedestrian accident attorney as soon as possible. Please call our New Port Richey office today at 727-853-6275 for a free consultation.