When it comes to traveling, pedestrians may find themselves in one of the most vulnerable positions on the road - or sidewalk, as it may be. According to the National Highway Safety Administration, each year over 78,000 pedestrians suffer injuries from motor vehicle accidents. Walking may have its health benefits, but without the protective aspects of a vehicle, when a pedestrian is involved in a car accident the outcome can be devastating.
Recently, a 63-year-old man was hit by a car that then fled the scene of the accident. The man was found unconscious at the scene and was taken to a local hospital in critical condition. There has been no indication from authorities as to how the accident occurred, and police are looking for the driver and are requesting information from any witnesses. The vehicle was described as a white four-door car, and was last seen driving west on First Street in Gilroy.
When pedestrian accidents occur, the accident victims may be able to recover damages from the responsible driver for their injuries that resulted from the accident. Pedestrians must show that the driver acted negligently by failing to meet the required standard of care under the circumstances. For a driver, the standard of care often involves following the speed limit, using appropriate turn signals and making sure to yield to pedestrians in marked cross walks. Additionally, drivers must not drive while distracted or under the influence of drugs or alcohol.
However, pedestrians also have a duty of care to uphold. As with drivers, pedestrians must follow the rules of the road, including observing the "walk" signals at intersections and not weaving in and out of traffic.
Source: mercurynews.com, "Gilroy: Police seeking driver in hit-run accident that seriously injured pedestrian" Mark Gomez, June 26, 2013
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.