Pedestrian Accident Law

Why Uncovering the Underlying Cause of Your Pedestrian Accident Is Essential

While no two are identical, at the root of many pedestrian accidents are incorrect and dangerous assumptions on the part of the driver. Drivers make these mistaken assumptions, never knowing the danger they create for pedestrians. Looking at a few of these common driver assumptions will reveal how they lie at the heart of many different pedestrian accident scenarios.

Many drivers neglect to yield for all crosswalks.

Most drivers assume that crosswalks only exist where there are clearly marked white or yellow lines. Not so. In actuality, the vast majority of crosswalks are not marked. A crosswalk exists at every intersection where streets meet at a right angle, and drivers must yield to pedestrians at all crosswalks. Often, pedestrians will approach an intersection, thinking that the oncoming car will yield to the pedestrian’s right-of-way. Drivers zoom through the intersection, assuming that the lack of a marked crosswalk means the right of way belongs to them. Drivers should exercise the same caution at every intersection as they would at a marked crosswalk, but they often do not, and the results can be disastrous for pedestrians.

Another risky assumption is that a green light means that it is always safe to proceed.

Often, drivers turning right will fail to see a pedestrian crossing because they hit the gas as soon as the light turns green. Or, drivers turning left can be so focused on finding a gap in traffic to turn through that they completely overlook a crossing pedestrian until it is too late. This accident scenario can be particularly perilous because so many drivers speed up to make the turn quickly, before oncoming traffic arrives. Greater speed, as we all know, increases the severity of injuries.

Many drivers think that if they can see a pedestrian, the pedestrian must be able to see them.

Many pedestrian accidents occur when drivers incorrectly assume that the pedestrian can see their vehicle. Children, older adults, and the vision and hearing impaired are particularly vulnerable to the danger created by this assumption. Even when a person who belongs to one of these groups is able to see the car, that does not mean that it is safe for a driver to proceed. Many elderly pedestrians may be able to see the car, for example, but they cannot cross quickly. They may need to rely on the driver to patiently wait for them to cross. Children may also be in danger even if they can see the driver coming. The sad truth is that even though a child may be able to see a car, their undeveloped cognitive and motor abilities may prevent them from knowing how to protect themselves, or from even realizing that the oncoming car could be dangerous to them.

Impatience can often lead to yet more dangerous assumptions.

Often, a driver will see a car stopped in the roadway, who is in fact waiting for a crossing pedestrian. The impatient driver assumes that the driver stopped either to make a turn or for another unknown reason, and zooms around the car, striking the unsuspecting pedestrian who believes that it is safe to cross.

As we have seen, despite their superficial differences, many pedestrian accidents have a similar underlying cause: dangerous driver assumptions. Understanding the underlying cause of their accident can help accident victims who are looking for a sense of rhyme or reason in a difficult situation. Attorneys who are experienced in representing injured pedestrians will recognize these common underlying causes, and are better equipped to achieve justice on their clients’ behalf.