A personal injury attorney might hear this all the time. An innocent pedestrian goes out for a walk. They are minding their own business crossing the street or even walking on the sidewalk. The pedestrian suffers an injury that is caused by a careless driver or defects on the sidewalk. Certainly, it appears even going for a stroll down a familiar street is risky business. Of course, a pedestrian that suffers an injury has serious questions on their mind. They might ask a personal injury attorney about their legal right to sue.
Let’s take a look at a few scenarios. A pedestrian is walking down the street. They cross at the light. A driver hits them just as they are about to cross the street. Do they have the right to sue the driver? Well, if the driver was negligent in any way the pedestrian has the legal right to sue. For example, the driver was speeding, driving aimlessly, driving through a red light, driving drunk. Pedestrians also complain about the rise in bike traffic. This has led to more collisions between pedestrians and bike riders. The fact is that a pedestrian has the legal right to sue a bike rider that is negligent too. Of course, they would have to prove the negligence. For example, show the biker was speeding, running red lights, or riding on the sidewalk.
It is important to understand the driver’s duty, to fully understand the negligence aspect of a case. For example, every driver behind the wheel of a car, motorcycle, truck or bicycle must show reasonable care while they are behind the wheel. Therefore, any driver that commits the following is negligent:
- Distracted Driving
- Reckless Speeding
- Not Yielding to Pedestrians
- Disobeying Traffic Signs
- Failure To Signal Turns
- Driving Under Influence Drugs, Alcohol
It is important to take a careful look at the driver’s rights too. A driver might have cause to sue the pedestrian if they were negligent in anyway. At this point, many pedestrians might become confused. Didn’t the driver hit them? Well, at this, an accident attorney should be consulted to work out all the legal details. The fact is that a driver might accuse the pedestrian of negligence. The pedestrian must exercise reasonable care of their own safety under certain circumstances. For example, a typical sign of neglect contributing to the collision might include ignoring street signs, darting between cars and trucks, even walking and talking on a cell phone.
If you are involved in any type of collision or accident, contact an accident attorney immediately. Don’t let the negligent driver accuse you of an action that led to the accident. Remember, you only have a limited amount of legal time to contact an attorney and sue the negligent driver that caused the accident. Remember, pedestrian and driver related accidents are very complicated and require an experience legal mind to handle the case.
This article was written by Pacific Attorney Group – a California law firm that has San Diego car accident lawyer ready to help get you the justice you deserve.