Car Accidents and Personal Injury

When it comes to transportation, we all have own preferences, but what everyone shares is the fact that we are all pedestrians. In all types of roads, whether intersections or crosswalks, pedestrians are wrought with dangers and risks. This is doubled in heavily populated areas such as a busy street in downtown or school areas. Unfortunately, in the U.S. the number of fatalities involving pedestrians has increased significantly, and although pedestrians have the “right of way” in most situations, there are still certain rules that each should follow for their own protection.

In an event of a car-pedestrian accident, it is usually rests on negligence. It is considered negligence on the part of a motorist (or pedestrian) if they have failed to practice reasonable care, which eventually resulted to injuries or damages to another person. For any type of vehicle, it does not take much force to injure a pedestrian: a speed of 10 miles per hour can already cause injuries to a pedestrian, while a vehicle going 30 miles per hour can lead to serious injuries after an auto accident.

If the pedestrian is the victim and the motorist is the one at fault, it would be better for the victim to file for a personal injury claim against the motorist. The Benton Law Firm, who has years of dealing with these types of lawsuits, asserts that these personal injury claims are not only for financial compensation, criminal liability can also be taken in order to prevent future accidents and injuries that may result from the motorists carelessness. In many states, car accidents involving pedestrians are viewed as reckless driving and are considered a misdemeanor offense.

Although it is generally the motorists who should yield to a pedestrians “right of way”, there are also instances where the pedestrians has violated safety rules and regulations. It is important to ensure that evidence and documentation regarding the incident should be presented if filing for a personal injury claim.

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