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Passenger | Pedestrian Injuries

Passenger Injuries
If you’re a passenger who has sustained injuries in an automobile accident, you are entitled to receive compensation for your injuries. As a passenger, you may have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision.

A passenger is generally not considered to be at fault or partially at fault in an auto accident unless he or she does something that specifically causes the accident such as distract the driver. If you have been injured as a passenger in a vehicle involved in a collision, an attorney can help you file a claim and get monetary compensation for your
injuries.

Pedestrian Injuries
According to the National Highway Traffic Safety Administration there were 4,881 pedestrian fatalities in 2005 of which 20 percent were pedestrians improperly crossing the street. Many thousands more were seriously injured.

In general, pedestrians have the right of way when traffic control signals are not in place or in operation. Fla. Stat. § 316.130. If a child is injured running out into the street, and if there is a school or playground nearby, the driver may have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid the accident. In addition, it may be possible to show that the child wasn’t properly supervised or that adequate crossing assistance was not provided.

It may be difficult to determine who is negligent in cases where pedestrians are injured. There are many factors which must be considered: Were you paying attention to traffic when you crossed? Were you jaywalking or crossing in a designated crosswalk? Did the car run a red light? If possible, you should try to get witnesses who can verify your account of the accident.

A third party can also be responsible in pedestrian accidents. If a crossing signal or traffic light malfunctioned, it may be possible to hold the local government services responsible for failing to adequately maintain or repair the light.

Pedestrian Injury Data

• In 2005 in the United States, 4,881 pedestrians died from traffic-related injuries and another 64,000 pedestrians sustained non-fatal injuries.
• Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 11% of all motor vehicle-related deaths.
• On average, one pedestrian in the United States is killed in a traffic crash every 108 minutes.
• Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 13% from 1995 to 2005. Factors contributing to this decrease may include more and better sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking. Some of the reduction is likely due to the decreasing amount of time Americans spend walking.
• In 2005, 44% of pedestrian deaths occurred between 6:00 pm and midnight. Among children under 16 years old, 43% of the pedestrian fatalities in 1998 occurred between 3:00 and 7:00 pm.
• Seventy-four percent of pedestrian deaths in 2005 occurred in urban areas. Case fatality rates, however, are higher in rural areas—for nearly all age groups. Researchers have suggested that these higher fatality rates may be due to higher driving speeds (greater impact during a crash), and less immediate access to emergency medical care.
• Children are at risk for pedestrian injuries and fatalities. In 2005, children 15 years and younger accounted for 8% of all pedestrian fatalities and 23% of all pedestrians injured in traffic crashes. Among children between the ages of 5 and 9 who were killed in traffic crashes, 18% were pedestrians.
• In 2005, adults 70 years and older comprised 9% of all pedestrians injured, yet they accounted for 16% of all pedestrian fatalities. The death rate for this group, 2.88 per 100,000 people, is the highest of any age group.
• In 2005, the pedestrian fatality rate for males was more than twice that for females. Non-fatal injury rates for male pedestrians were also higher; the pedestrian injury rate, per 100,000 people, was 21 for males and 17 for females.
• More pedestrian fatalities occurred on Fridays and Saturdays than on any other day of the week in 2005.
• In 2005, 61% of pedestrian deaths among people 65 years and older occurred at an intersection, whereas only 10% of pedestrian deaths among children 4 years old and younger took place at an intersection.
• Alcohol is a major factor in adult pedestrian deaths. In the total number of fatal pedestrian crashes, 11% of the drivers involved had a blood alcohol concentration (BAC) of .08 g/dL or higher.
• In 44% of traffic crashes that resulted in a pedestrian fatality during 2005, either the driver or the pedestrian had a measurable blood alcohol level.

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