Pedestrian Accidents

Fischer & Associates has successfully litigated many cases that involve injury to pedestrians due to the negligence or recklessness of the operators of vehicles. Children are a particularly susceptible group to pedestrian- related tragedy. Drivers have a duty not only to other drivers but also to pedestrians on the streets, crossways and sides of the road. There is a reasonable expectation that a driver will watch for pedestrians alongside the road, slow down if necessary and avoid any kind of potential contact with individuals in the street or alongside the road. Due to the nature of these kinds of accidents, injuries can be catastrophic or result in death. Some drivers will claim that the person or child “came out of nowhere” and attribute fault to the victim. In the legal community, defense lawyers and insurance companies refer to this as “contributory negligence” on the part of the victim. Very rarely does the evidence actually justify a complete defense based on contributory negligence. Often times, after a thorough investigation, there is evidence of wrongdoing on the part of the driver, including but not limited to actions involving: speeding, failing to observe the road conditions, failing to stop, distraction due to texting or other use of a device while driving. Furthermore, if evidence shows that a driver consciously operated the vehicle in a reckless manner – called “wantonness” – then contributory negligence is not a defense upon which the driver can rely. It is important for individuals harmed in a pedestrian accident, to seek an attorney to help evaluate their claim and rights.

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