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Examining the law behind liability for pedestrian accidents

Boston residents may wish to know some basic information regarding pedestrian accidents and the duty that drivers owe to those walking on the road. This may helpful when understanding the legal rights that a pedestrian has when injured by a driver.

According to the National Highway Traffic Safety Association, 76,000 pedestrians were injured when struck by vehicles in 2012. A report from the NHTSA says that around 5,000 people are killed annually in these accidents, as well. Many of these incidents are due to driver negligence, which is a failure to live up to a standard of reasonable care when driving. A pedestrian accident is often caused by a driver breaching this duty and driving while distracted, speeding or while failing to yield to pedestrians when those on foot have the right of way. When the driver of the vehicle is the party responsible, they may be liable for any personal injury damages suffered by the pedestrian.

Additional liability for pedestrian accidents might be found in those who own the premises on which the accident took place. If the owner of the property knows of or created a dangerous condition on the premises and failed to either warn or fix the condition, they may be liable for any injuries. Pedestrians, however, must also live up to their duty of care and follow traffic rules, including using crosswalks properly.

In pedestrian accident cases, an attorney may be helpful in analyzing the situation to determine which party or parties were at fault. Whether due to a distracted or negligent driver, the attorney may be able to bring a lawsuit on behalf of an injured pedestrian.

Source: Findlaw, "Pedestrian Accidents Overview", August 26, 2014

Source: Findlaw, "Pedestrian Accidents Overview", August 26, 2014

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