What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents can have devastating results for those involved. These collisions can leave victims with severe, life-altering injuries, and are often preventable. Understanding the most common causes of pedestrian accidents is the first step toward prevention, accountability, and, if you’ve been injured, obtaining justice with the help of a personal injury lawyer.
At Goldberg, Goldberg & Maloney, our Pennsylvania personal injury lawyers serve clients throughout the West Chester area. We’re committed to helping victims of pedestrian accidents move forward from their situation. Here, we’ll explore the leading causes of these accidents and look at what steps you can take if you or a loved one has been harmed in such an incident.
Distracted Driving
One of the most frequent and deadly causes of pedestrian accidents is distracted driving. Drivers who are texting, talking on the phone, eating, or adjusting the radio take their attention away from the road. Even a momentary lapse in attention can result in tragedy, especially in areas with high pedestrian traffic like crosswalks, school zones, and intersections.
Distracted driving can establish negligence in a personal injury case. If a driver was texting at the time of the crash, that behavior may constitute a breach of their duty to drive safely. Cell phone records, eyewitness accounts, and traffic camera footage can all support your claim. Our personal injury attorneys can help you gather the evidence needed for your case.
Failure to Yield Right of Way
Many pedestrian accidents occur because drivers fail to yield the right of way, especially at crosswalks and intersections. Pedestrians have legal protections in many of these situations, but when drivers disregard traffic laws or are impatient, the result can be catastrophic. Here are some of the most common failure to yield the right-of-way scenarios:
Failure to look: A driver turning left or right fails to see a pedestrian crossing with the light
Failure to stop: A car doesn’t stop at a marked crosswalk, even though a pedestrian is already crossing
Failure to care: Drivers treat pedestrians as obstacles instead of people with the right to cross safely
Failure to yield is a traffic violation, and it can be strong evidence of fault in a personal injury claim. Witness statements, police reports, and video evidence are key components of proving liability. If you’re the victim of a pedestrian accident caused by failure to yield the right of way, reach out to our personal injury attorneys today for help with your case.
Speeding
Speeding significantly increases both the likelihood and severity of pedestrian accidents. The faster a vehicle is traveling, the less time a driver has to react to a person in the road. According to the National Highway Traffic Safety Administration (NHTSA), the chance of a pedestrian dying in a collision increases dramatically as vehicle speed goes up.
Speeding is inherently reckless behavior and a clear breach of a driver's duty of care. A driver who was speeding at the time of a crash can often be held liable for injuries sustained, and punitive damages may be available in cases of egregious conduct. Our lawyers at Goldberg, Goldberg & Maloney are here to help.
Driving Under the Influence (DUI)
Drunk or drug-impaired drivers pose a significant threat to everyone on the road, especially pedestrians. Alcohol and drugs impair reaction time, decision-making ability, and motor control. DUI-related pedestrian accidents are often more severe than other pedestrian accidents. Don’t hesitate to reach out to our firm if you’re a victim of one of these accidents.
A driver arrested for DUI at the time of a pedestrian accident is almost certainly liable for damages. Criminal charges and a conviction can bolster a civil personal injury case. Moreover, DUI cases may allow for the pursuit of punitive damages, which are meant to punish particularly dangerous behavior.
Poor Visibility and Weather Conditions
Accidents often occur during low-light conditions or poor weather. Nighttime walking, rain, fog, and snow can make it harder for drivers to see pedestrians. However, that does not absolve drivers of their responsibility to drive cautiously and attentively. Here are some of the most common contributing factors in these types of accidents:
Lack of street lighting
Dark or non-reflective clothing worn by pedestrians
Glare from headlights or wet roads
Slippery or icy surfaces that make it more difficult to stop
Drivers are expected to adjust their driving behavior to suit road and weather conditions. If a driver was going too fast for the conditions or failed to use headlights appropriately, they may be found liable.
Jaywalking or Improper Pedestrian Behavior
While drivers are often at fault, not all pedestrian accidents are caused solely by motorist negligence. Pedestrians also have a duty to follow traffic laws. Crossing against the light, darting into traffic, or walking on highways or roads not meant for pedestrians can create dangerous situations.
In these cases, liability can be shared. Most states follow some form of comparative negligence, which means a pedestrian may still recover damages even if they were partially at fault, though the compensation might be reduced. If you’ve been injured in this type of accident, working with a qualified personal injury attorney like those at our firm is essential.
Poor Road Design or Lack of Infrastructure
In some cases, the road itself contributes to pedestrian accidents. Areas without sidewalks, marked crosswalks, traffic signals, or adequate signage are far more dangerous for pedestrians. Some examples of these situations include unmarked crosswalks in high-traffic areas, poorly timed traffic signals, and a lack of pedestrian signals or signage warning drivers to slow down.
When unsafe road design is a factor, a municipality or government entity may be liable. These cases are intricate and often subject to shorter deadlines and procedural hurdles. If you believe poor infrastructure contributed to your accident, it’s critical to speak with a personal injury attorney right away. Contact our firm to get started working together on your case.
Backing-Up Accidents
Parking lots, driveways, and residential areas are hotspots for accidents involving vehicles that are backing up. Drivers may fail to check their mirrors or surroundings before reversing, which puts pedestrians, especially children or those in the blind spot of the vehicle, at risk. Just because they don’t take place on a road doesn’t mean that these can’t be serious accidents.
Drivers are responsible for making sure the path is clear before backing up. If a driver strikes a pedestrian while reversing, there is usually a presumption of negligence unless the pedestrian was acting unpredictably or was hidden from view despite reasonable precautions. These types of cases should be discussed with your personal injury attorney to determine the next steps.
What Should You Do If You’ve Been Injured as a Pedestrian?
If you or someone you love has been injured in a pedestrian accident, it’s important to act quickly to protect your health, rights, and potential compensation. There are several steps that you should take right away when you’ve been a victim of any type of pedestrian accident. Here’s what we recommend as personal injury lawyers:
Seek Immediate Medical Attention
Even if your injuries seem minor at first, it’s crucial to seek prompt medical attention. Some injuries may not show symptoms right away but can become serious or even life-threatening if left untreated. Visiting a healthcare provider also helps create a medical record of your injuries, which is a critical piece of evidence in your personal injury case.
Document Everything
The more information you gather at the scene, the better your chances of building a strong case. Take photos or videos of the accident site, including skid marks, broken crosswalk signals, damaged personal property, and visible injuries. You should also collect the names and contact information of any witnesses, as their accounts could support your version of events.
Report the Accident
It’s essential to contact the police and make sure an official report is filed. A police report provides an objective record of the incident and may include important details such as the driver’s statements, witness accounts, and any traffic violations that occurred. Request a copy of the report once it’s available, as it will serve as a foundational document in your legal claim.
Avoid Speaking to Insurance Adjusters Alone
After an accident, the at-fault driver’s insurance company may reach out quickly, often presenting a settlement offer or asking for a recorded statement. Before speaking to any insurance representative, it’s best to consult with a qualified personal injury attorney who can handle communications on your behalf and make sure your rights are protected.
Contact a Personal Injury Attorney Today
Pedestrian accidents can be devastating. While no amount of money can undo the trauma of a serious accident, a successful legal claim can provide the support needed to heal and rebuild. At Goldberg, Goldberg & Maloney, our personal injury attorneys serve clients in West Chester, Pennsylvania. If you or a loved one has been involved in a pedestrian accident, don’t wait - contact our office today to set up a consultation.