When a pedestrian is hit by a car, the driver is typically considered at fault, especially if the pedestrian was in a crosswalk or not on the road. However, in some instances, pedestrians can be found partially responsible for the accident if they were not following road rules.
How Fault is Determined?
The person responsible for covering the expenses related to a crash is the one whose careless actions led to the accident. Negligence involves four main elements that can help determine the party at fault:
1. Duty of care: What are the expectations for both parties to ensure each other’s safety?
2. Breach of duty: Which party acted thoughtlessly or recklessly?
3. Causation: Did that thoughtless or reckless action cause injury?
4. Damages: If so, the negligent party can be held responsible.
Using these criteria, our pedestrian accident lawyers assess each case to identify the negligent act that initiated the chain of events. Sometimes, it may be the driver’s negligence, but pedestrians can also behave recklessly.
When a Driver is at Fault?
Any number of negligent behaviors can lead to a collision between a car and a pedestrian, such as:
These behaviors may result in the driver being considered at fault. According to the elements of negligence, many of the above behaviors represent a breach of duty of care. Someone who turned on red without checking a crosswalk, striking a person, was not exercising proper care.
Rideshares increasingly pose risks to pedestrians, especially at pick-up and drop-off locations. Distracted driving plays a particular role in rideshare-pedestrian accidents; drivers are focused on the GPS, rideshare app, or texting, leaving them at fault.
When the Pedestrian is at Fault?
Pedestrians can be responsible for their own negligence, such as:
– Being under the influence
– Being distracted, like texting while walking
– Crossing outside a crosswalk
– Darting into traffic unexpectedly
For instance, if a drunk pedestrian suddenly stumbles into the street, it doesn’t give a driver enough time to stop. Even though the pedestrian was injured, their reckless action caused the accident. According to the Centers for Disease Control and Prevention (CDC), the pedestrian was intoxicated in 33 percent of fatal pedestrian accidents studied.
We Can Help Make Sense of Your Pedestrian Accident
When you contact the team at Queener Law, you will receive a free consultation to ask questions about your pedestrian accident.
During this consultation, we can help you better understand who may be at fault after a car hits a pedestrian and provide advice on pursuing damages. Please feel free to contact our office today for more information.
Después de sufrir un accidente, sabemos que lo último que desea hacer es informarlo a la aseguranza por temor a que aumenten sus tarifas. Quizás esté pensando en el estrés financiero que le espera en el futuro cercano, pero gracias al estatuto de Colorado C.R.S. §10-4-628 las tarifas de su seguro NO PUEDEN aumentar si usted no tiene la culpa.
CRS §10-4-628 estados:
(1) Ningún asegurador cancelará; no renovar; negarse a escribir; reclasificar a un asegurado bajo; reducir la cobertura, a menos que la reducción sea parte de una reducción general en la cobertura presentada ante el comisionado; o aumentar la prima, a menos que el aumento sea parte de un aumento general en las primas presentado ante el comisionado, cualquier póliza que cumpla el solicitante, asegurado, usuario permisivo o cualquier residente del hogar del solicitante o asegurado tiene:
(a) Ha tenido un accidente o accidentes que no son culpa del solicitante asegurado, miembro del hogar o usuario permisivo nombrado.
Supongamos que tuvo un accidente que no fue su culpa y que luego le dejó con más de $100,000 en billes médicos y la parte que lo golpeó tenía límites de lesiones corporales de solo $25,000. Sabemos que $25,000 no son suficientes para pagar sus billes médicos ni para tratar de compensarlo por su trauma, salarios perdidos, facturas, etc. Ahí es donde entrará en acción su cobertura UIM. La protección contra conductores con seguro insuficiente se aplicará si la otra parte no tiene cobertura suficiente para sus pérdidas, por lo que su seguro intervendrá y proporcionará límites adicionales.
¿Qué pasa si la parte que te golpeó no tiene cobertura de seguro? ¿Cómo pagará sus billes médicos? Ahí es donde interviene la cobertura UM. La protección contra conductores sin seguro ofrece cobertura si el conductor culpable no tiene la cobertura de seguro requerida. De esta manera todavía estás protegido.
En Colorado, por ley se requiere tener cobertura UIM/UM en su póliza con límites mínimos de $25,000 por persona, $50,000 por accidente. Sin embargo, si uno decide no participar en esto, puede hacerlo rechazando la cobertura por escrito. Esto es algo que NO recomendamos enfáticamente, ya que es mejor prevenir que lamentar y pagar más para tener una capa adicional de protección por si acaso. Tener cobertura adicional puede parecer una sin chiste ya que uno siempre piensa que estas cosas nunca les pueden pasar a uno, pero agradecerás tenerla si alguna vez te encuentras en la desafortunada situación en la que se tenia que ulitizar los límites de UIM/UM.
After being in an accident, we know the last thing you want to do is report it to the insurance company fearing they will raise your rates. You may be thinking how much of a financial stress is ahead of you in the near future, but thanks to Colorado statute C.R.S. §10-4-628, your insurance rates CANNOT increase if you are not at fault.
C.R.S. 10-4-628 states:
(1) No insurer shall cancel; fail to renew; refuse to write; reclassify an insured under; reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner; or increase the premium for, unless the increase is part of a general increase in premiums filed with the commissioner, any complying policy because the applicant, insured, permissive user, or any resident of the household of the applicant or insured has:
(a) Had an accident or accidents that are not the fault of such named applicant, insured, household member, or permissive user.
Suppose you were in an accident that was not your fault which then left you with over $100,000 in medical bills, and the party that hit you had bodily injury limits of only $25,000. We know that $25,000 is not enough to pay off your medical bills, nor is it enough to try and compensate you for your trauma, lost wages, bills, etc. That is where your UIM coverage will kick in. Underinsured motorist protection is triggered if the other party does not have sufficient coverage for your losses. Then your insurance will step in and provide the additional coverage.
What if the party that hit you does not have insurance coverage? How will you pay for your medical bills? That is where UM coverage steps in. Uninsured motorist protection offers coverage if the at fault driver does not have the required insurance coverage. This way you are still protected.
In Colorado, by law it is required to have UIM/UM coverage on your auto insurance policy with minimum limits of $25,000 per person, $50,000 per accident. However, if one chooses to opt out of this, they may do so by rejecting the coverage in writing. This is something we strongly DO NOT recommend, as it is better to be safe than sorry and pay more to have the extra layer of protection you need just in case. Having the extra coverage can seem silly as we always think these things can never happen to us, but you will be thankful for having it if you ever find yourself in the unfortunate situation where UIM/UM is necessary.
It’s crucial to understand that when dealing with an online dispute process due to injury from a product, your consumer rights and safety may not be adequately represented. If the injury was caused by defects in the product, you may have grounds for a product liability claim, and it’s important to seek the advice of a Product Liability Attorney. Engaging in negotiations solely within the online platform may lead to quick but insufficient settlement offers.
Consumer protection laws and regulations are in place to ensure fair treatment and safety in the marketplace. These laws are enforced by government agencies, which are responsible for holding businesses accountable for any violations, including issues related to product labeling, advertising, and pricing. However, the rise of online selling platforms from different countries has made it easier for businesses to evade oversight, resulting in an increase in faulty products.
Consumer Rights and Safety
When a person is injured or harmed by a product due to defects, they may have grounds for a product liability claim. Emphasizing consumer rights and safety is essential to protecting individuals from harm and ensuring fair treatment in the marketplace. Consumers expect their products to be safe and free from defects that could cause injury or damage, which is why product liability cases are extremely important.
If you have been injured by a faulty product, it is recommended to avoid solely relying on the company’s online dispute process and instead seek the advice of an experienced Product Liability Attorney, such as Henry Queener.
In honor of National Tire Safety Week, take a moment to ensure your tires are good to go! Summer travel in extreme temperatures can affect tire safety and wear. Taking care of tires is important for several reasons. First, well-maintained tires are essential for safe driving, as they provide traction and control. Proper tire care also improves fuel efficiency and ensures a smoother ride. Lastly, regular tire maintenance can extend the lifespan of your tires, saving you money in the long run.
When traveling on the road during the summer, it’s essential to ensure safe travels by taking care of various aspects, including tire safety. Here are some tips to have safe travels on the road in the summer:
1. Check Tire Safety: Before hitting the road, make sure to check your tires. Extreme temperatures during summer can affect tire safety and wear. Check tire pressure, tread wear, and overall condition regularly.
2. Proper Maintenance: Properly maintain your tires by checking tire pressure monthly, checking your alignment, rotating your tires, and inspecting your tire tread. This will help ensure your tires are in good condition for safe travels.
3. Stay Informed: Stay informed about tire safety tips and best practices. For valuable information, visit websites like NHTSA.gov/TireWise.
4. Be Prepared: Pack an emergency roadside kit with essential items such as a spare tire, jack, lug wrench, and a tire pressure gauge.
By following these tips and staying proactive about tire safety, you can contribute to safe travel during the summer.
Texting bans for teen drivers have been shown to reduce distracted driving and potentially save lives. Research indicates that implementing such bans can lead to a decrease in car accident fatalities among teenage drivers. According to a study published in the American Journal of Public Health, states with texting laws in place experienced a 2.3 percent drop in overall car accident fatalities for drivers of all ages. Moreover, the bans were most effective when officers were permitted to enforce the law proactively, leading to a 3 percent reduction in traffic fatalities. This data suggests that texting bans can promote road safety and safeguard teen drivers from distracted driving.
Texting Ban Law
Research has shown that texting bans can decrease car accident fatalities among drivers of all ages. Proactive enforcement of these laws is particularly effective in reducing traffic fatalities. With the success of texting bans for teen drivers and the recent Hands-Free Law in Tennessee, it’s clear that addressing distracted driving through legislation is crucial. Full implementation of texting bans nationwide could significantly promote road safety and prevent accidents caused by texting and driving.
The Hands-Free Law, also known as the Hands-Free Act, which aims to reduce distracted driving by prohibiting handheld electronic devices. This law makes it illegal for drivers to hold a phone or other electronic devices to make a call, use any app, or read or write a text while their vehicle is in motion. The law allows for using hands-free technology, such as Bluetooth or voice-command features, to make calls or send messages while driving. Implementing this law is part of ongoing efforts to improve road safety and reduce the number of accidents caused by distracted driving in Tennessee.
All states’ texting bans aim to reduce distracted driving by prohibiting drivers from texting while their vehicle is in motion. It makes it illegal for drivers to hold a phone or other electronic devices to make a call, use any app, or read or write a text while driving. The ban allows for using hands-free technology, such as Bluetooth or voice-command features, to make calls or send messages while driving. Proactive enforcement of these laws is particularly effective in reducing traffic fatalities.
The Problem Remains
Even though these bans show that progress is possible, Queener Law understands that no amount of distracted driving is acceptable. Until texting while driving is completely eradicated, accidents such as those seen in McMinn County, Tennessee, will continue to occur. NBC affiliate WRCBtv Chattanooga reports that a 17-year-old boy was allegedly texting as he drove on State Route 39. He drifted into the oncoming lane, occupied by a McMinn County deputy, and failed to notice because he was engrossed with his phone. The two vehicles crashed head-on with enough force to push the deputy’s vehicle back nearly 10 feet. The deputy suffered broken ribs and damage to one of his ankles.
Dangerous accidents will likely continue to occur until drivers learn to focus on driving. Those who have been injured in an accident caused by a distracted driver should contact Henry Queener for assistance with seeking compensation for their injuries.
