Truck / Pedestrian Accidents
Collisions between commercial tractor-trailers and pedestrians result in horrifying injuries. Unfortunately for their victims, these types of accidents are also extremely common. The National Highway Traffic Safety Administration (NHTSA) reports that annually nearly 5,000 pedestrians are killed in motor vehicle-related accidents. Over 75,000 people suffer injuries from being struck by a car or truck. These accidents also happen commonly when pedestrians attempt to cross highways on foot. A truck lawyer at Staver Accident Injury Lawyers, P.C. can help.
Pedestrian-Vehicle Accidents and Care of Duty
Lawsuits involving pedestrian-vehicle usually center on the concept of ““duty of care” owed by both the driver of a commercial truck and the injured pedestrian. The legal principle is fairly simple and involve the idea that both drivers and pedestrians must follow the rules of the road and exercise reasonable care. However, these types of cases involving truck-pedestrian collisions can also become complex as attorneys argue over which party was truly negligent. Meanwhile, the court also examines numerous factors in relating the facts of an accident to those elements caused by negligence.
Driver’s Duty of Care
In general, drivers must exercise reasonable care by driving a commercial vehicle safely and appropriately. Failure to use caution or obey the law is considered negligence. A few of the most common factors contributing to truck driver negligence are:
- Unfocused driving
- Driving too fast or driving past the speed limit
- Failing to yield right of way to pedestrians at crosswalks
- Disobeying traffic signs or signals
- Failing to signal while turning
- Inclement weather or traffic conditions
- Driving while impaired by drugs or alcohol
Driver’s Special Duty of Care to Children
Special circumstances apply when children are present, because children between the ages of five and nine are at the most risk of being struck by a vehicle. By their very nature, children are small, less visible, and often behave in unpredictable ways. The legal system conversely imposes a more stringent duty of care on drivers when it comes to kids. The very presence of children is a precursor to a truck driver to exercise greater care. While driving near schools, parks and residential areas, truck drivers must be more cautious in operating their vehicle.
Pedestrian’s Duty of Care
While it may seem obvious that a truck driver is at fault for striking a pedestrian, it’s not always cut and dried. According to the law, a pedestrian must also take reasonable responsibility for his or her own safety. Contributory negligence may be assessed against a pedestrian if they failed to take care for their safety and therefore contributed to the cause of their own injuries.
A few of the most common factors involving pedestrian negligence are:
- Ignoring a “walk” signal at an intersection
- Entering moving traffic and disrupting the flow
- Failure to use clearly marked crosswalks or lights indicating the presence of a crosswalk
- Dashing in front of a moving vehicle
Pedestrian Safety Issues on the Streets
Because our urban corridors are so dense, it isn’t surprising that tens of thousands of collisions between vehicles and pedestrians happen each year. But anyone who has ever been involved in a car or truck accident knows that the damage done during a collision can be severe, life-altering and even life-threatening in the worst cases. It is critical that pedestrians be aware of their surroundings and the conditions that can cause an accident to happen.
Here are some issues to keep in mind:
- Young children and older adults are particularly susceptible to pedestrian accidents.
- Holidays are some of the most hazardous times for pedestrians. Highway statistics show that pedestrian accidents are more likely to occur during events like Halloween and New Year’s Eve.
- Pedestrians are more likely to be injured by a vehicle collision after dark.
- The majority of pedestrian accidents occur in urban corridors.
Contact an Illinois Truck Accident Lawyer Today
Truck accident cases involving pedestrian injuries are complex and can prove confusing to their victims. Proving negligence in a crash that involves a pedestrian takes an investment of time, experience, and resources.
If you have been injured in an accident involving a truck-pedestrian collision or any other incident involving an 18-wheeler, big rig or another large commercial truck, the lawyers of Staver Accident Injury Lawyers, P.C. at (312) 236-2900, can pursue the compensation you need and deserve.