In a pedestrian injury accident, just as in the case of a car accident, it is important to act quickly to determine if a road design or maintenance defect caused or contributed to an accident. Public agencies, and the private contractors they hire, may be liable if a pedestrian accident was caused by an unsafe world condition.
The agencies that design and maintain roads and highways and the private contractors they hire have a duty to ensure that roads are safe for pedestrians. Moreover, government agencies must design roads and highways in such a way as to help prevent foreseeable events that may injure pedestrians.
In taking into account pedestrian traffic that may be alongside a street or crossing a street, it’s important that designers take into account a number of important factors.
First, pedestrians are not as visible as cars and trucks. As a result, if they are walking along a street, the may be hard to see if a sign or vegetation blocks them from the line of sight of a driver. Compared to cars or trucks, pedestrians are especially hard to see at night.
Second, pedestrians do not have the protection from injury as those inside cars and trucks. Therefore, even low speed accidents can severely injure pedestrians.
Finally, driver inattention should be taken into account. In general, drivers tend to be focused on their goal of getting where they want as quickly as possible; often little thought is given to others, particularly those who are not driving vehicles. Instead, drivers tend to operate their vehicles as if they – rather than pedestrians – have the right of way.
Malfunctioning Traffic Control Devices and Other Traffic Control Problems
Signs and other traffic-control devices can malfunction or be knocked over or destroyed. Public agencies have a duty to properly maintain their roads and can be held liable if they fail to do so. In such cases, the injured party usually has to prove that the public agency had notice of the condition, such as a malfunctioning light, and had a reasonable amount of time to fix the problem.
To prove such notice, as a pedestrian accident lawyer in St. Louis, I may have to interview local witnesses and obtain highway and inspection schedules from appropriate government agencies.
It is also important for me to act quickly to preserve evidence of the scene and the vehicle. Signage may still be in place relating to any road construction or road conditions or markings of the pavement crew or government agency may still be visible. It is important to take photographs of the road condition when the accident took place, including any construction zone, any speed limit sign, or warning signs approaching the scene from both sides. The paving company may have retained photos of the site pursuant to management guidelines or contractual obligations with a government agency. All of these factors can play an important role in your pedestrian accident case.
Pedestrian Road Defect and Maintenance Injury Cases
Because of the increased risk of bodily injury in a traffic accident for pedestrians, these accidents frequently result in serious and sometimes catastrophic injuries as well as death. Pedestrians may sustain injuries such as multiple broken bones, internal injuries, loss of limbs, brain injuries, neck, back, and spinal cord injuries, and more. Such injuries may require extensive medical care and, in the worst cases, medical and personal assistance for a lifetime.
Our firm handles all types of pedestrian accident cases where negligence is the underlying factor. These can involve drivers who fail to comply with stop signs or traffic control signals, or who violate other traffic laws, such as stopping when a school bus arm is extended or failing to yield the right of way to a pedestrian, as well as accidents in crosswalks and school crossing zones, and accidents caused by driver misconduct, such as cell phone usage, texting, or other behaviors.
Having experienced legal representation is critical in proving a negligence case against all parties that bear liability. With pedestrian cases, this is particularly true as often many parties other than just the driver are at fault.
How We Help Our Clients Recover the Compensation to Which They Are Entitled
I and our firm will sue municipalities, those responsible for design and maintenance, and all others who bear responsibility for a pedestrian injury or pedestrian death. This is the only way to obtain the full measure of damages.
Please contact me as soon as you are able so that we may learn about your case. We offer a free consultation, and there is no fee to us unless and until we recover damages for you.
Once we are retained, we will immediately proceed to investigate the case, collect and preserve important evidence before him it is ruined or disappears, and we will take all other actionsdesirable to further your case.