Although people prefer different vehicles for transportation, be it truck, car, van, motorcycle or bicycle, there’s one thing we all have in common. At some point in time we are all pedestrians. Whether it’s walking down the sidewalk to your favorite restaurant, crossing the street to get to your job, or even exercising, everyone spends some amount of time on the streets, on foot.
Disappointingly, according to the National Highway Traffic Safety Administration (NHSTA), pedestrians were among the few sets of road users to encounter a rise in fatalities in the United States in 2011. The number of deaths totaled 4,432 people. Anyone who has had to study for an initial driver’s exam or sit through a Driver’s Education course knows that “pedestrians have the right of way,” but somehow, they are the group of people who are being harmed extensively on our roadways. The tally of pedestrian and car accidents is just too high.
If you or someone you know and love has been involved in a Pedestrian Accident in Oklahoma City, please call (405) 378-3033 to contact the experienced attorneys at the Foshee and Yaffe Law Firm. We have been practicing law since 1977 and we know Oklahoma Law.
CAUSES OF PEDESTRIAN ACCIDENTS
The first thing that comes to mind when people consider pedestrian accidents is an automobile striking a person. While these kinds of accidents do account for the vast majority of accidents, there are other instances to consider as well. Along with pedestrian-vehicle episodes, thousands of non-vehicular pedestrian accidents take place every year also. Some of these causes include:
- Inadequate maintenance
- Defects in sidewalks or parking lots
- Construction or other debris remaining on walkways
CAN YOU RECOVER DAMAGES?
Regardless of whether you were hurt by an automobile or a property flaw, you can claim damages for the injuries experienced if the incident was caused by someone else’s negligence. Negligence is when a person fails to act (or not act) in a manner that a reasonable person in a similar situation would, to protect other people from probable risks. In order to demonstrate negligence in a pedestrian accident, the person who was hurt (the “plaintiff”) must prove that the person at fault (the “defendant”) did the following:
- Owed a legal duty to the plaintiff under the circumstances
- Failed to fulfill (“breached”) that legal duty through action or inaction
- Caused an accident or injury involving the plaintiff
- Harmed or injured the plaintiff as a result
ARE MORE PEOPLE AT FAULT?
What if more people are involved? Sometimes accidents can be complex, with many moving parts and several people involved. This is especially true in the case of vehicle-pedestrian accidents. There may be more than one entity with liability for the mishap. Depending on the specifics of the accident, possible responsible parties include:
- The driver of a vehicle that strikes a pedestrian
- The party responsible for maintaining the sidewalk, road, or parking lot where
- The pedestrian himself or herself
Often pedestrian-car accident cases rely mostly on the duty of care owed by those involved. Whether you are a driver or a pedestrian, you are expected to follow the rules of the road and exercise reasonable care. Someone who operates a vehicle negligently might be forced to pay damages for personal and property damage caused by that negligence. So, one must consider both the Driver’s Duty of Care, as well as the Pedestrian’s Duty of Care. This means that both parties can also be held responsible for negligence.
Drivers can be considered to have been acting negligently if they were:
- Driving while distracted
- Not yielding the right of way to pedestrians at crosswalks
- Disobeying traffic signals or signs
- Not using the turn signal
- Disregarding traffic or weather conditions
- Driving while under the influence of alcohol, prescription or illegal substances
Pedestrians are also expected to exercise watchfulness. Examples of pedestrian negligence are:
- Disregarding the “walk” signal at intersections
- Entering and disrupting the flow of traffic
- Dashing out in front of a vehicle
EXCEPTIONAL PEDESTRIAN ACCIDENTS IN OKLAHOMA CITY, OKLAHOMA
If you have been involved in a Pedestrian Accident in Oklahoma City, please call (405) 378-3033 or contact the experienced personal injury law attorneys at the Foshee and Yaffe Law Firm online today. We understand Oklahoma Law and the rights of you and your loved ones. We can help you file claims, deal with insurance companies, liable parties and recover the compensation you need.