Passenger & Pedestrian Injuries
If you sustain injuries as a passenger in a motor vehicle accident, you are entitled to receive compensation for your injuries. Passengers in motor vehicle accidents may have a claim against both the driver of the vehicle in which they were riding as well as any other parties responsible for causing the collision. Typically, a passenger is not considered at fault for causing an accident unless he or she does something to cause an accident such as distract the driver.
Likewise, pedestrians involved in motor vehicle accidents may be able to receive compensation for your injuries from the driver of the motor vehicle (in a single-vehicle crash) or both drivers if more than one vehicle is involved in the accident. Thousands of pedestrians are injured each year in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), 4,784 pedestrians died in 2006 - of which 20% were improperly crossing the street, also known as “jaywalking.” Many thousands more were seriously injured. Determining who is negligent in pedestrian cases can be complicated. Many factors must be considered, including:
- Were you paying attention to traffic when you crossed?
- Were you jaywalking or crossing in a designated crosswalk?
- Did the car run a red light?
If possible, you should try to find witnesses at the scene who can verify your account of the accident.
Typically, pedestrians have the right of way when traffic control signals are not in place or not in operation. If the injured pedestrian is a child, and if there is a school or playground nearby, the judge or jury may find that the driver should have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid an accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.
A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the municipality responsible for failing to adequately maintain or repair the light.
Pedestrian Injury Data
- In 2006 in the United States, 4,784 pedestrians died from traffic-related injuries and another 61,000 pedestrians sustained non-fatal injuries.
- Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 11% of all motor vehicle-related deaths.
- On average, one pedestrian in the United States is killed in a traffic crash every 108 minutes.
- The situation is improving. Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 13% from 1995 to 2005. Factors contributing to this decrease may include more sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking.
- Alcohol is a major factor in adult pedestrian deaths. In the total number of fatal pedestrian crashes, 11% of the drivers involved had a blood alcohol concentration (BAC) of .08% or higher.
- In 44% of traffic crashes that resulted in a pedestrian fatality during 2005, children 15 years of age and younger accounted for 8% of all pedestrian fatalities and 23% of all pedestrian injuries. Among children between the ages of 5 and 9 who were killed in traffic crashes, 18% were pedestrians.
- In 2005, adults 70 years of age and older comprised 9% of all pedestrians injured, yet they accounted for 16% of all pedestrian fatalities. The death rate for this group, 2.88 per 100,000 people, is the highest of any age group.
- In 2005, the pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were also higher: The pedestrian injury rate, per 100,000 people, was 21 for males and 17 for females.
- More pedestrian fatalities occurred on Fridays and Saturdays than on any other day of the week in 2005.
- In 2005, 44% of pedestrian deaths occurred between 6 p.m. and midnight. Among children under 16 years old, 43% of the pedestrian fatalities in 1998 occurred between 3 p.m. and 7 p.m.
- 74% of pedestrian deaths in 2005 occurred in urban areas. Case fatality rates, however, are higher in rural areas - for nearly all age groups. Researchers have suggested that these higher fatality rates may be due to higher driving speeds (greater impact during crash), and less immediate access to emergency medical care.
- In 2005, 61% of pedestrian deaths among people 65 years of age or older occurred at an intersection, whereas only 10% of pedestrian deaths among children 4 years old and younger took place at an intersection.
The Automobile Accident information offered by greater Tampa Bay area Automobile Accident Lawyers and contained herein, regarding Automobile Accident statutes and Pasco, Pinellas, and Hillsborough County, Florida Automobile Accident claimants' rights, is general in scope. No greater Tampa Bay area Auto Accident attorney / client relationship with our greater Tampa Bay area Automobile Accident attorneys is hereby formed nor is the information herein intended as formal legal advice. See terms of use. Please contact Pasco, Pinellas, and Hillsborough County Automobile Accident Lawyers at 1-800-4-INJURY regarding your specific inquiry if you are injured in Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, Town of St. Leo, Zephyrhills, Bayonet Point, Beacon Square, Blanton, Crystal Springs, Dade City North, Elfers, Holiday, Hudson, Jasmine Estates, Lacoochee, Land O' Lakes, New Port Richey East, Odessa, Saint Joseph, Shady Hills, Trinity, Wesley Chapel, Wesley Chapel South, Zephyrhills North, Zephyrhills South, Zephyrhills West, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, Seminole, South Pasadena, Pete Beach, St. Petersburg, Tarpon Springs and Treasure Island, Florida. |
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