A pedestrian accident or “pedestrian knockdown” occurs when a walker is hit by an automobile, truck or motorcycle. According to the Delaware annual traffic statistical report, over the past decade 3,460 pedestrians have been injured in Delaware and 303 pedestrians were killed. Of these numbers, 600 children aged 14 and under were injured and 9 were killed. According to the National Safety Council 82% of pedestrian traffic deaths occurred in urban areas, 73% occurred on the open road versus intersections and 52% involved the use of alcohol.
If a driver hits a pedestrian while driving unreasonably or breaking traffic laws, a pedestrian may sue for damages. If a driver violates a common traffic law such as speeding, stopping for a red light or driving recklessly and injures a pedestrian, the driver will be liable to the pedestrian for money damages.
Pedestrian Accidents: Not So Cut and DryIn Delaware there are obscure and maybe unfamiliar rules that pertain to pedestrians. If a pedestrian breaks a rule the outcome of a lawsuit is not so clear. Delaware courts have the power to dismiss the lawsuit on summary judgment before the case proceeds to trial.
What If the Driver and Pedestrian are Both Negligent?If both the driver and pedestrian are negligent, the jury can still award damages to the pedestrian. The pedestrian must be 50% or less at fault. Delaware is a comparative negligence state; accident victims can recover if 50% or less at fault. The award is simply reduced by the victim’s percentage of negligence. If the pedestrian is more than 50% at fault the jury must rule in favor of the driver.
Rules for Delaware PedestriansThe old adage “pedestrians always have the right of way” is not necessarily true in Delaware. Per the motor vehicle code, pedestrians have duties along with drivers. Pedestrians must abide by the following rules in Delaware:
Delaware drivers must obey the following rules when driving around pedestrians:
If a pedestrian breaks a rule and gets hit by an automobile, it could defeat the case and leave the pedestrian with major injuries and no recovery. It is imperative to obtain competent legal counsel in a pedestrian knockdown case. Contact Jason R. Antoine pedestrian accident attorney at 302-482-4802 to schedule your free consultation today.