If you are out for a stroll, you are much safer along the Tubman-Garrett Riverfront Park trails than braving traffic in Elsmere, Wilmington, or anywhere else in Newcastle County. Motorists instinctively notice other cars for safety and self-preservation but tend to block out pedestrians and bicyclists, which makes sharing the road with cars dangerous.
You should always be careful crossing streets, even at lights and crosswalks, because your body is no match for tons of metal barreling down the highway. Regardless of how careful you are, many pedestrians are still hit and badly hurt by motorists. Knowing some common causes of pedestrian accidents in Elsmere can help keep you safe, but if a motorist injures you, our attorneys can help you seek the compensation you deserve. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya today.
Common Negligent Acts That Injure Pedestrians
The Delaware News Journal reports that the state has seen the number of pedestrian and bicycle fatalities almost double in the past decade, and Delaware has the dubious distinction of ranking among the worst in the nation for pedestrian safety, with about 1.5 pedestrians and bicyclists hurt each day.
Pedestrians face a long recovery if a motorist smashes into them. Medical and household bills mount, and wages dry up during recovery. The mental and emotional strain caused by the pain and financial uncertainty adds to the stress.
Motorists commonly cause injuries to pedestrians by:
- Driving with a blood alcohol level over the legal limit or with prescription or illegal drugs impairing their judgment
- Driving while distracted by cell phones, scenery, or passengers
- Disobeying traffic laws or failing to account for weather conditions
- Ignoring stop signs, and red lights, and gunning through intersections when traffic lights turn yellow
- Ignoring pedestrians in crosswalks
Our attorneys can negotiate with motorists’ insurance companies and litigate negligence cases when insurance settlements are inadequate. We delve into each case to determine the causes of pedestrian accidents in Elsmere and what suitable compensation should look like, depending on injuries and circumstances.
The Four Elements of Negligence
When pedestrian accidents in Elsmere are caused by negligence, the injured person’s attorney must prove it. The four building blocks of negligence are duty, breach, causation, and injuries or damages.
People in every situation owe others they interact with a duty to act or refrain from acting the way a reasonable person would in a similar situation. Thus, motorists owe a duty to pedestrians not to crash into them. Motorists breach their duty to pedestrians if they break the law or act irresponsibly enough to harm them.
Causation can be established by proving that the pedestrian would not have been injured but for the motorist’s direct action or inaction. Finally, injuries and damages refer to the physical, financial, and emotional harm the pedestrian sustains because of the accident. These can be proven with medical records, hospital bills, journals, and more.
Get Help After the Common Causes of Pedestrian Accidents in Elsmere
While walking is a healthy and economical choice, it does come with dangers. If you are hit by a motor vehicle while on foot, your injuries will undoubtedly be life-altering. You should not have to shoulder the burden of your losses alone.
After we review the circumstances, we can build a case against the responsible party to show that the elements of negligence are met and pursue compensation to help you move forward. Contact Doroshow, Pasquale, Krawitz, & Bhaya when you are hurt due to any of the common causes of pedestrian accidents in Elsmere.