The Insurance Institute for Highway Safety (IIHS) has reported that every year, pedestrians make up about 12 percent of all motor vehicle crash deaths. While pedestrian fatalities aren’t as high as the numbers in passenger vehicle or motorcycle accident deaths, it is still substantial. Statistics show that in 2008, as many as 4,378 pedestrians were killed while 69,000 pedestrians were injured in motor vehicle accidents.

Suffice to say, every day, a pedestrian dies because of an accident involving a motor vehicle. In South Los Angeles, a 19-year old pedestrian recently lost his life in a collision. Authorities reported that the accident occurred before 7 AM just along the 8600 block of Figueroa Boulevard and Manchester Avenue.

The pedestrian was reportedly outside the crosswalk when he was struck and killed by the vehicle. The driver stopped at the scene and after being interviewed by the police, was not cited for the accident. Although the pedestrian died, the police stated that the driver did not break any laws.

Liability is a huge issue in pedestrian accidents. As the human body is no match for the strength or speed of a moving vehicle, pedestrians are often killed or sustain serious injuries in a collision. Most victims or their families would want to recover compensation against the driver but proving fault in a pedestrian accident isn’t easy.

First, while all drivers have the duty to exercise due care and diligence when operating a motor vehicle, they cannot be held responsible for an accident because the pedestrian was careless or negligent while crossing the straight. In the above-mentioned pedestrian accident, the driver was not charged by the police because the pedestrian was not in the crosswalk when the crash occurred and there was no evidence that the driver broke the laws or acted negligently.

Under instances such as those, even if the pedestrian was killed or suffered catastrophic injuries, the driver cannot be held liable in a criminal or personal injury claim. If the driver was in no means negligent, reckless, or careless when the accident occurred, a personal injury lawsuit be filed by the pedestrian.

However, should the accident have been caused by a drunk driver or a distracted driver who was texting right before the collision, and the pedestrian was in the crosswalk and following the traffic signs and signals, a claim for damages may be pursued against the driver by the injured pedestrian or the family he left behind.

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In San Francisco, two major pedestrian accidents occurred in a single day, one of which was fatal.

The fatal pedestrian accident occurred in the area of Ocean and Miramar avenues near City College while a female pedestrian survived with serious injuries after a collision with a Muni Railway 9-San Bruno bus at San Bruno Avenue and Burrows Street.

Oakland City on the other hand, also had a fatal pedestrian accident when a 45-year-old woman was killed by a hit and run driver while crossing the intersection.

Pedestrian car crash fatalities account for nearly 12 percent of all motor vehicle deaths and while the percentage may seem insignificant, as many as 4,378 people died from vehicle accidents in 2008. Also, 20 percent of these pedestrian deaths are from hit and run crashes.

In a study by the Insurance Institute Highway Safety, it was revealed that pedestrians were more likely to be at fault in collision accidents.

However, while some drivers are let off scot-free from pedestrian crashes, there are several instances wherein they can be both held criminally and civilly liable for pedestrian accident injuries or death. Here are some examples:

• The driver was violating a law (traffic lights or speed limit) when the accident occurred.
• The driver was driving under the influence of drugs or alcohol.
• Distracted driving such as texting or talking on one’s cell phone.
• Road rage incidents wherein the driver deliberately hurts the pedestrian or uses his vehicle as a weapon.
• Hit and run accidents.

Under the following scenarios mentioned, the driver is deemed negligent and the pedestrian or in case of death, his family may sue the driver for damages.

Every driver, upon receipt of his license, has the duty and responsibility to exercise due care and diligence on the road, especially towards pedestrians.

A breach of this duty will give rise to civil liability wherein the injured pedestrian may rightfully claim compensation for his medical expenses as well as loss of wages, pain and suffering he endured as a result of the accident.

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