Driving 101 requires an understanding that pedestrians always have the right of way. However, this statement is only partially true. In the same way that drivers must follow safe practices, pedestrians must practice the same standard. When they don't and a driver is harmed as a result, the pedestrian should be held accountable for their actions.
Every person that shares the road must do so in a safe manner, and when a pedestrian crosses the street, he or she is sharing the road. Traffic laws generally state that pedestrians must wait until they get a traffic signal that it is their turn to cross the street and to only cross in designed zones, such as a crosswalk.
If a pedestrian were to dart out into the street, and in an attempt to avoid hitting the person, a driver swerved and slammed into a light pole and suffered serious injuries, the actions of the pedestrian are likely to blame.
Pedestrians are expected to say within their designated zones, which in most cases is the sidewalk. A pedestrian should not walk on a road, highway, bridge, or other structure that is not intended to accommodate pedestrian traffic. In this instance, the site of a pedestrian in any of these areas would likely alert a driver and send them into a reaction mode, which could cause an accident.
Pedestrians that travel into these zones because of intoxication are especially negligent, as they can make it harder for the driver to avoid them, which further increases the risk of the driver getting into a major accident with long-term injuries.
Pedestrians must be held accountable for their actions. So, if a pedestrian caused you to have an accident that left you or a loved one with catastrophic injuries, it's time to take legal action. Severe injuries like head traumas or spinal injuries come along with high treatment costs, and you should not be forced to cover these costs on your own.
If the pedestrian is at fault, you can take legal recourse by suing the individual for the cost of the damage to your vehicle, your injuries and medical treatment, as well as any loss of use, loss of consortium, or pain and suffering. Proving this type of case generally requires witness statements, traffic cam footage, and an understanding of the law.
Contact a catastrophic injuries attorney to discuss your pedestrian-involved case to see what options you have to move forward.