An accident on an interstate highway involving a pedestrian involves complex legal issues.
Pedestrian accidents on highways are not uncommon. Almost 10 percent of all pedestrian fatalities happen on interstate highways. An accident on an interstate highway involving a pedestrian involves complex legal issues. It is the duty of a pedestrian to be protected in a particular circumstance by using an appropriate level of care and caution. However, if the conduct of the pedestrian fails to meet the standards required and an injury happens, the compensation claim that the pedestrian makes may be reduced or completely denied.
Injured Pedestrians Compensated for Injuries
Pedestrians who have been injured on a highway have been compensated for their injuries. A pedestrian may file a negligence claim against an at-fault driver for causing the accident. The pedestrian may also pursue a legal claim against the federal and state agencies that are responsible for designing the highway, road construction, and maintenance. These agencies are required to exercise proper care while carrying out their activities and keep in consideration all the people who may use the highway, including pedestrians.
If a highway defect becomes the cause of an accident involving a pedestrian, the agency and its contractors may be held liable for failing to correct the defect in a timely manner. If you or a loved one has been injured in such an accident, seek legal counsel from an experienced St. Louis car accident lawyer. Although pedestrians are not allowed on highways, there are various instances when a pedestrian finds it unavoidable to be walking on the interstate.
Crossing the Highway
Many pedestrian accidents on highways occur when pedestrians are walking across the highway. Vehicles are moving at high speeds and a motorist does not have adequate time to stop to avoid hitting a pedestrian. While on an interstate highway, a motorist never expects a pedestrian to be there, and when that happens, a motorist may fail to see the pedestrian until it is too late.
Walking on the Highway After Dark
The majority of pedestrian accidents on highways happen during dark. The main contributing factor to this is suicidal behavior of the pedestrian, driver inattention, and alcohol use by pedestrian or driver.
Standing or Walking on the Shoulder
In some cases, pedestrians walking on the shoulder have been struck by a vehicle. Driver error and driver distraction may cause the swerving of the vehicle onto the shoulder and strike a walking pedestrian.
A Stalled Vehicle
When a car breaks down in the middle of the road, a driver may try to push the car aside and fix the vehicle. The driver now becomes a pedestrian, in danger of being struck by incoming vehicles. These accidents usually are caused by drivers who are distracted, sleepy, or drunk.
Tending to a Previous Car Accident
There are cases when passengers who have been thrown from their vehicle following a crash have been struck by incoming vehicles. At other instances, the people tending to an accident or exchanging information have been struck. These accidents happen mainly because of driver inattention and poorly lit roads.
If you have been injured in an interstate accident, contact an experienced St. Louis pedestrian accident attorney from The Hoffmann Law Firm, L.L.C. before you give any statements to the authorities or insurance company. Protect your legal rights.