Webb Law Centre PLLC
Causes of Pedestrian Accidents - Failure to use Appropriate Caution in Hazardous Weather or Road Conditions
The key to getting compensation in any personal injury case is to prove negligence. This can be difficult when it comes to recovering compensation for injuries to pedestrian that occur as a result of the driver failing to use appropriate caution in hazardous conditions.
Proving negligence in accidents in hazardous weather or road conditions
The chances of a collision with another motor vehicle or a pedestrian increase significantly when the weather or road conditions are bad. Bad weather conditions may include fog, sleet, heavy rainfall, ice, or snow. Poor road conditions may include loose road surfaces, sharp bends, and falling rocks.
These conditions can result in:
- Poor visibility
- Loss of traction when traveling at high speeds
- Loss of control of the vehicle
- Loss of braking performance
Even if these conditions increase the likelihood of accidents, it is important for drivers to take personal responsibility. Drivers are required to be extra cautious when driving in these poor conditions. When drivers fail to do so, they put the lives of other road users in danger.
Drivers are required to take reasonable precautions to avoid accidents when driving under hazardous conditions. Reasonable precautions may include driving at a speed that is far below the speed limit of the highway given the conditions. This will allow the driver to have better control of their vehicle. It also allows them to identify a potential hazard more quickly and come to a stop in time to avoid a collision.
It is also important to consider other factors that may have contributed to the accident. These may include the condition of the car. For example, worn out tires have less traction and will make it harder to stop the vehicle in time to avoid a pedestrian or another vehicle. These are not likely to function effectively on a slippery road.
While drivers are often held liable in accidents involving pedestrians, there are cases when the pedestrian’s actions may have contributed to the accident. Pedestrians also have an obligation to act in a reasonable way when the weather is bad. They should avoid wandering into roadways, for example during bad weather. They should also wear highly visible clothes or carry a light when walking in conditions of low visibility.
While the driver may be considered negligent for not meeting the required standard of care, the pedestrian may be found to have also acted negligently and contributed to the accident.
If you’ve been injured in an accident that occurred as a result of the failure of the driver to use adequate caution in hazardous conditions, you can seek compensation for your injuries. Get in touch with an experienced personal injury attorney to help.