Posted By The Law Offices of Eugene G. Bruno, P.C. Posted in: Pedestrian Accident.
When you’re involved in an accident it is extremely tragic. It’s even more tragic when you’re a pedestrian. An oncoming vehicle weighing over two tons hits you and you’re severely injured. It’s extremely scary! The whole situation is dangerous. The driver should’ve been more careful, they should’ve seen you and they should’ve been cautious of you. It’s even scarier when the driver hits and injuries your child. It’s essential to know that the driver of the vehicle did owe you a duty of care. It’s their job to be careful. However, it’s also your job to be careful as a pedestrian. You need to exercise care when walking outside. It’s also important to know the driver’s duty of care when it comes to children.
As a driver, it is your duty to use a reasonable amount of care with other drivers on the road, pedestrians, and anyone you may encounter on the road. If this care is not used then it produces negligence. There are several examples of drivers not using their duty of care. One example of this would be if a driver was drinking and driving when they hit a pedestrian. Other examples of this would be if the driver was speeding, they didn’t use their signal to turn, they were driving distracted (like using their phone to text), they failed to yield for pedestrians, or they disregarded the weather while driving or disregarded traffic.
It is also the job of pedestrians to use reasonable care in being safe. Pedestrians must use care in dangerous situations and those situations that are reasonably anticipated to be dangerous. For example, a pedestrian must use a reasonable amount of care when crossing the street. They should wait for all cars to pass before proceeding. If a pedestrian doesn’t use a reasonable amount of care then they can be found negligent in their actions. There are several examples of pedestrians not using their duty of care and being negligent. One main example would be not using the crosswalk to cross the street. This poses a dangerous situation for the pedestrian themselves as well as the cars on the road. Other examples include running in front of an oncoming vehicle, ignoring the “walk” signal, or blatantly entering traffic.
Drivers must use a significant amount of care when encountering children. They are less visible to drivers and often don’t know any better about being safe around vehicles. So because of this, the law imposes a higher duty of care when it comes to children. Drivers must use a significant amount of care when driving by areas where they know children will be including schools, parks, and residential areas.
When you or your child is hit by a vehicle, it is extremely catastrophic. It happens out of nowhere. No one prepares for something like this. It’s incredibly frustrating when it was someone else’s negligence actions that caused the accident. You deserve to have justice. It’s crucial that you get someone with experience, who truly knows how to get you the compensation you deserve after you or your loved one was hit by a vehicle as a pedestrian. Hiring our experienced San Diego pedestrian accident attorneys from The Law Offices of Eugene G. Bruno, P.C. will help you obtain the compensation you deserve. Schedule a free no hassle consultation today using this contact form or call us at 619.956.9555 .