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Who is To Blame for Pedestrian Accidents at Night?

Pedestrian Accident Lawyers

According to research from NHSTA (the National Highway Traffic Safety Administration) a pedestrian is struck and fatally injured every 120 minutes in the U.S. A pedestrian is struck and suffers less severe injuries in some traffic related accident every eight minutes. Most of these fatalities, approximately 78% of them, take place in urban areas. Also, in most of these situations, approximately 72% occur while it is dark out. As a result, it is easy to assume that the risk of being struck by a vehicle increases when you walk at night.

The Risk of Walking when the Sun Goes Down

When you walk at night, you are increasing the risk that you are going to be involved in an accident with a car, truck, motorcycle or another vehicle. In some situations, you will be able to collect compensation for the injuries you suffer. However, this may not always be the case. To know for sure if you can recover compensation, you need to speak with a personal injury lawyer.

If you are injured in a pedestrian accident that is deemed to be someone else’s fault, there are several types of losses you can receive compensation for. These include:

  • Loss of your quality of life
  • Damage to your personal property
  • Physical and emotional suffering and pain
  • Any lost income (now and in the future)
  • Current and future medical expenses

In some cases, pedestrians who suffer severe injuries during an accident with a vehicle will suffer significant losses. There are some pedestrian vs. automobile cases that reach into the millions of dollars when compensation is finally given.

What Increases the Potential of a Nighttime Pedestrian Accident?

While countless factors may increase the potential for a pedestrian accident occurring at night, some of the most common include:

  • Pedestrians who are wearing dark clothing
  • Limited light and low visibility
  • Adverse weather or obstructed roadways
  • Drivers who are impaired
  • Perception-reaction time

Determining Who is at Fault in a Pedestrian Accident

In some situations, the driver of the vehicle may claim that a pedestrian suddenly appeared out of nowhere. They may try to use this excuse to deny the liability claim that has been filed. In order to prove this defense, you need to make sure your attorney calls attention to the human factors listed earlier, in addition to the environmental factors that may have been present when the accident occurred. It is important to note, there are situations where the driver is not completely to blame.

However, even in cases where the driver is not completely at fault, they still owe pedestrians a general duty of care to not operate their vehicle in a negligent manner. In most cases, working with a personal injury attorney is the best way to know whether or not you can receive compensation for the injuries and damages you suffered.

If you have more questions about a pedestrian accident case, contact the attorneys at Fetterman & Associates, PA by calling 561-845-2510.

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