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The Pedestrian Accidents Attorneys at the Law Offices of Michael F. Mahoney understand that crossing the street can be a very routine thing to do. Our parents have taught us from the beginning to always check for cars coming. Because looking both ways is so simple to do and we have done it all our lives, a level of carelessness and/or inattention can occur and put someone in harm’s way.
Even though the majority of pedestrian accidents involve being struck by a car, truck, bus, or other types of vehicle, there are also pedestrian accidents that can involve a sidewalk, roadway, or other poorly structured or maintained walking area. These types of cases usually fall under the legal area of premises liability.
Because both the driver and pedestrian must adhere to the laws of the road, financial recovery can greatly hinge on who was being negligent when the accident happened. This may seem obvious to some, but the court looks at many factors when deciding who the negligent party is. In other words, don’t assume that if someone is hit by a car, the driver is automatically at fault. This is why having the right legal representation is important.
People who operate a vehicle must exercise reasonable care under the circumstances. Failing to do this is where negligence comes in. A driver could fail to follow the speed limit, not yield the right of way to people on the crosswalk, disregard traffic signs, not use their turn signal, drive carelessly through bad weather, wet roads, drink and drive or be checking emails and/or texting. Any of these factors are examples of driver negligence.
A pedestrian must also exercise reasonable care to avoid an accident. Failure to do this can directly contribute to the cause of the accident and also the injuries suffered. Some examples of pedestrian negligence are when a person enters a stream of traffic, fails to use a marked crosswalk, runs in front of a vehicle, or ignores the walk/don’t walk signal at an intersection.
If you are involved in a pedestrian accident, you need to understand that the other party involved will likely be trying to blame you. The pedestrian accident attorneys at the Law Offices of Michael F. Mahoney understand what it takes to win these types of cases. We will give you a free consultation and will gladly answer your questions and go over your options with you.
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