In the first article of our Pedestrian Injuries: Who’s at Fault? series, we will be discussing one of the main questions of concern for those who have been injured in a pedestrian accident: How is negligence determined so that fault can be proven?
In determining who is negligent, an attorney will take the following factors into account:
- Were you paying attention to traffic when you crossed?
- Were you jaywalking or crossing in a designated crosswalk? (Generally speaking, pedestrians have the right of way as long as they are crossing in a crosswalk or a designated area.)
- Did the car run a red light?
Another important factor to look at when determining negligence is whether there was a child involved. Because children cannot drive and may not be fully aware of the dangers of traffic, they are at special risk for a pedestrian accident. In fact, in 1998 alone, among children between the ages of five and nine who were killed in traffic crashes, 25% were pedestrians.
One reason for such a high number is that it is not uncommon for a child to run out into the street. That’s why if there is a school or playground nearby, drivers must be especially cautious. If they’re not, it can be proven that the driver wasn’t taking proper precautions to avoid an accident. On the other hand, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.
An experienced Arizona pedestrian accident attorney will also ask about the crossing signal and lights when determining negligence. If a crossing signal or light malfunctioned, it may be possible to hold municipalities at fault. They are responsible for ensuring that all traffic lights and signals are repaired and maintained.
For more information regarding pedestrian accidents, read Monday’s article, Pedestrian Injury Data Worth Noting, or contact Breyer Law Offices, P.C. if you’ve been injured in a pedestrian accident in Arizona.