Pedestrian accidents occur rather frequently. In fact, across the country -- including in Connecticut -- thousands of people are injured yearly in auto-pedestrian accidents. When a pedestrian accident does occur, what can the victim or -- in the event of fatality -- his or her family member do to recover his or her losses?
According to the National Highway Traffic Safety Administration (NHTSA), in 2012 alone, approximately 76,000 people were injured in auto-pedestrian accidents. Another 5,000 individuals died as a result of such incidents. If driver negligence is suspected in causing such a crash, the victim may have legal recourse.
In order for a personal injury or wrongful death claim to be successful, negligence must be established in court. To prove negligence, certain elements must exist in one's case. These include that the driver failed to exercise reasonable care, that the driver caused the accident and that the pedestrian was injured or killed as a result.
What is a driver's duty of care? Duty of care simply means that the driver was taking all appropriate precautions while driving. Examples of a breach of duty of care include:
- Distracted driving
- Impaired driving
- Disobeying traffic signals
After a pedestrian accident, a lot takes place. For those injured, the most important tasks at hand are receiving medical care and focusing on recovery. For those who have lost loved ones, taking care of end-of-life matters as well as grieving usually takes an overwhelming toll. When ready, victims -- or their surviving family members -- may pursue legal actions against the drivers deemed responsible for their losses. By taking such actions in a Connecticut civil court, damages may be awarded in cases where negligence is proved.
Source: FindLaw, "Pedestrian Accidents Overview", Accessed on March 4, 2016