If you’ve been injured in an accident as a pedestrian, you have some different legal options to seek compensation, depending on the circumstances of the incident. You might file a claim against the driver or against the municipality in which the accident occurred.
Claims against a driver
Claims against the driver are far more common in these cases. The driver of the car that hits the pedestrian is typically at fault, even if the pedestrian was not in a crosswalk at the time. Motorists must be aware of their surroundings and any hazards in the roadway, including people on foot. When a pedestrian is jaywalking, he or she still stands a good chance of recovering compensation after an accident if the driver clearly had enough time to notice the person and slow down to avoid a collision.
Plaintiffs in these cases must prove the driver was negligent, and that this negligence directly contributed to the accident that led to the injuries in question.
Claims against a municipality
In some circumstances, a pedestrian accident could have been the fault of the city in which it occurred because of poor street layout or the failure of traffic control devices.
If a traffic light is broken, for example, it can be difficult to determine who has the right of way. If the pedestrian crosses the street and is struck by a vehicle at an intersection in which traffic lights are malfunctioning, the city could be liable.
Poorly placed crosswalks, such as a crosswalk located right after a curve on a busy street without warning, could be considered the result of poor city planning.
For more information on the best way to proceed with your pedestrian accident injury claim, contact a trusted Bradenton lawyer with Goldman Babboni Fernandez & Walsh.