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Injured pedestrians can recover damages from negligent drivers

Posted on May 4, 2015 in

Pedestrians face danger every time they cross a street. The National Highway Traffic Safety Association reports that in 2012 over 75,000 pedestrians were injured by motor vehicles. Close to 5,000 people die each year in pedestrian accidents.

Denver pedestrians who are injured by motor vehicles may be able to recover damages if a driver’s negligence led to the pedestrian’s injuries. Motorists as well as pedestrians are required to follow certain rules and exercise reasonable care while out and about.

To recover against a negligent driver, the pedestrian will need to show the driver breached his or her duty of care to the pedestrian. A court may find that a driver who failed to exercise reasonable care by speeding, driving while distracted, failing to yield or disobeying traffic signs was negligent and therefore liable for damages that resulted. Drivers must adhere to a higher duty of care when it comes to pedestrians between the ages of 5 and 9. Children in this age range are the most likely to get hit by a vehicle due to their small size and unpredictable actions.

Drivers are not the only ones required to exercise reasonable care. Pedestrians must also behave appropriately while crossing streets. A court may find that a pedestrian who behaved negligently by ignoring walk signals at intersections, jaywalking or suddenly darting in front of a car contributed to their injuries. This comparative negligence may reduce the amount of damages a pedestrian can collect from a driver, or even bar them from recovery completely.