In such cases, a police report evidencing the pedestrian suddenly appearing in front of the driver may serve to help the driver file a claim with their insurance company. The police report may also help the driver of the motor vehicle combat any subsequent criminal or civil liability that they may face.
Further, it is important to note that even if there were no injuries to the pedestrian, a motor vehicle operator may still be held strictly liable in some cases. For example, if a driver is speeding in a school zone and strikes a child walking across a crosswalk, they will be strictly liable for that pedestrian accident, regardless of whether or not the child is injured.
In some cases, the operator of a motor vehicle may not stop to render aid or file a police report. In fact, the operator of the motor vehicle may just speed away from the scene of the accident in an attempt to avoid the legal repercussions of hitting a pedestrian. Criminal and civil penalties associated with hit and run accidents are severe for the operator of the motor vehicle.
Thus, regardless of whether or not you were the at-fault party in a pedestrian accident, it is always better to stay and render aid and contact the proper authorities, than to attempt to avoid the consequences.
As mentioned above, driving a motor vehicle does not automatically make you the at fault party when a pedestrian accident occurs. However, many people will likely believe you to be the at-fault party, as there is a duty to pay proper attention to your surroundings while operating a motor vehicle. Thus, if you are involved in a pedestrian accident, and the pedestrian was the at-fault party, it is important to document everything about the situation to avoid any future civil or criminal liability.
As mentioned above, the best method for documenting the accident is through a police report. A police report will contain the entire story of the accident, including eye witness statements of the accident. Therefore, if the driver of the motor vehicle was not negligent, a police report will be a powerful tool they can use to avoid civil or criminal liability. Just as motor vehicle operators have a duty of care to keep a proper lookout when operating a motor vehicle, pedestrians also have a duty of care to not go jumping out in front of motor vehicles.
When it comes to the civil penalties that a motor vehicle operator may face when striking a pedestrian, the lawsuit will be based on the theory of negligence.
In short, the pedestrian will argue that the motor vehicle operator owed them a duty to keep a proper lookout and obey all traffic laws. Next, the pedestrian will argue that the motor vehicle operator breached their duty of care by striking the pedestrian. Lastly, the pedestrian will argue that being struck by the motor vehicle resulted in them suffering various damages. The following is a list of damages that a pedestrian may seek in a civil lawsuit against a motor vehicle operator:.
As noted above, operating a motor vehicle does not automatically make the motor vehicle operator the at-fault party in a pedestrian accident case.
Therefore, all of the above damages may also be claimed by the motor vehicle operator in a civil suit against the pedestrian. For example, the motor vehicle operator may have suffered whiplash while braking. The motor vehicle operator may have suffered severe injuries, as a result of trying to avoid the pedestrian. The motor vehicle operator may have also suffered property damages, as a result of the pedestrian suddenly jumping out in front of their vehicle.
Once again, if civilly sued based on a theory of negligence, one party must demonstrate that the other party was at-fault. As can be seen, hitting a pedestrian with your vehicle is a serious matter. As such, if you have struck a pedestrian with your motor vehicle, it is in your best interests to consult with a local and experienced traffic ticket attorney in your area.
An experienced traffic ticket lawyer will be able to advise you of your legal rights, and, if possible, help you gather the necessary evidence to prove that you were not the at-fault party. Finally, an experienced traffic ticket attorney will also be able to represent you in a court of law, as needed. If you have been civilly sued, you should turn in the claim to your car insurance provider. They will then often provide you with a defense counsel. If you do not have car insurance, you should immediately contact a local and experienced personal injury attorney to assist you in your defense.
Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.
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