Accidents involving bicycles, pedestrians, trucks, and cars happen every day. They are a part of our driving society. But that doesn’t mean that they can’t be avoided or prevented. Here is some information about specific types of motor vehicle accidents, and what can be done to help prevent them and keep you and your family safe.
Can You Avoid an Accident?
According to the Centers for Disease Control and Prevention, a pedestrian death occurs every 2 hours. Accidents resulting in pedestrian-related injury occurs every 8 minutes. But there are ways to help reduce these numbers, they just require paying attention and being aware of your surroundings, while also taking necessary precautions.
Pedestrians Don’t Always Have the Right-of-Way
You’ve probably been told all your life that pedestrians have the right of what. Because of that, it might be shocking to hear that pedestrians do not always have the right-of-way. Under Arizona law, pedestrians only have the right-of-way when walking within marked crosswalks. Some exceptions are made for unmarked crosswalks, since there are laws governing them, but otherwise, right-of-way is not given to pedestrians when they cross at any place other than a crosswalk.
Arizona Law
According to Arizona law, pedestrians have an obligation to never, “suddenly leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield” (A.R.S. § 28-792).
What you Need to Do to Be a Good Pedestrian
Here are some precautions to take to ensure you are a good pedestrian:
- Be cautious
- Remain alert when crossing streets at busy intersections.
- Increase how visible you are to cars and trucks by wearing bright reflective clothing.
- If you are walking at night, carry a flashlight or wear reflective clothing that will catch car headlights.
- If there are no sidewalks where you are walking, walk facing traffic so you can see oncoming cars and so they can see you.
- Teach your children to look in both directions before crossing streets.
- If possible, only cross at designated crosswalks.
- Don’t assume being in a crosswalk means you are safe.
- Make sure you can hear the road and everything on the road, including cars approaching from behind.
What you Need to Do to Be a Good Driver
Here are some precautions to take to ensure you are a good driver:
- Be cautious
- Remain alert when approaching streets or busy intersections.
- Make sure you are aware of any pedestrians that might be entering the road or on the road (running or bicyclists).
- If you are driving at night, make sure all of your headlights and tail-lights are working, and that you are clearly visible.
- Make sure your car is properly maintained. This includes frequent brake checks.
- Pay special attention when entering or exiting parking lots, as often you will need to cross a sidewalk to enter.
- Follow posted speed limits.
- Avoid distractions including texting, phone calls, or reaching for things that have fallen.
What you Need to Do to Be a Good Bicyclist
Here are some precautions to take to ensure you are a good bicyclist:
- Be cautious
- Remain alert when approaching streets or busy intersections.
- Make sure you are aware of any pedestrians or vehicles that might be entering the road or on the road.
- If you are riding at night, make sure you are wearing reflective gear, or that your bike is equipped with reflective gear, and that you are clearly visible.
- Make sure your bike is properly maintained. This includes frequent brake checks.
- Pay special attention when entering or exiting parking lots, as often you will need to cross a sidewalk to enter. This can mean hitting a pedestrian, or exiting or entering cars.
- Avoid distractions including texting, phone calls.
- Make sure you can hear the road and everything on the road, including cars approaching from behind.
Most Important for a Bicyclist
If you are a bicyclist, it is crucial that you wear a helmet. Wearing a helmet is the number one thing you can do to ensure you are safe on the roads. It will provide some form of protection for your face, head, neck, and brain should you fall down. You should never ride without a helmet, even if you are only going a short distance, or if you are just riding around in a parking lot or enclosed area. It’s important to also remember that just because you’re wearing a helmet you can be reckless. Just because you are wearing protective gear, that doesn’t mean you are free from danger.
Helmet Safety Standards
Bike helmets are so important that the U.S. government created safety standards for them. Your helmet should have a Consumer Product Safety Commission (CPSC) sticker that says it meets standards set by the Consumer Product Safety Commission (CPSC). A lot of helmet are lightweight. If you hate how it looks, consider personalizing it. This might also help you become more visible to oncoming cars.
Helmet Fit
Your bike helmet should fit you properly and not be too small or too big. If you’re unsure if your helmet fits you well, you can ask someone at a local bike store, or check online for how the helmet should fit on your head. It should be worn level and cover your forehead. Do not tip it back so that your forehead is showing. The straps should also always be fastened and snug enough so that you can’t pull the helmet off or around your head.
Taking Care of Your Helmet
Take care of your helmet. That means not throwing it around. This could damage the helmet and thus cause it to be less protective in a fall. Also, if you have fallen, and have thus used your helmet, get a new one. They tend to work less well after they have been put to work.
Reconstructing an Accident
When an accident occurs, and there are no eye-witnesses, it’s hard to understand exactly what occurred. The accident needs to be reconstructed by investigators in order to get a full understanding. Once that understanding has been given, liability can be assessed. The dynamics, methodology, and principles involved in reconstructing a pedestrian accident are slightly different than those used to reconstruct car accidents. A investigator looks at car speed as well as pedestrian speed (which can be very difficult to determine), perception and reaction time, as well as highway design and sign placement. The pedestrian’s impact kinematics (which is how the pedestrian moved at or through the impact phase of the collision) are reconstructed. Once all these factors have been identified, a lawyer can build a negligence or wrongful death case based on the investigator’s findings.
Determining Negligence During an Accident
In the case of pedestrian and car accidents, negligence can be assigned to both sides of the accident: to the driver, or to the pedestrian. Drivers are considered negligent if they neglect to do the following:
- Pay attention to surroundings
- Adhere to posted speed limits
- Yield at stop lights and cross-walks
- Properly use turn signals
- Adhere to Arizona state traffic laws
A pedestrian can be considered negligent if they do the following:
- Run-out in front of cars
- Illegally jaywalk
- Fail to use designated cross-walks
- Ignore pedestrian signals at traffic lights
- Fail to pay attention to surroundings and traffic situations
Working with a Personal Injury Attorney After an Accident
If you have been a victim in a car, truck, pedestrian, or bicycle accident, you should immediately contact a personal injury attorney that understands the specific laws around these types of accidents. They will be able to perform a full investigation and build your case. It’s crucial that you work with someone that knows the intricacies of the laws surrounding these types of cases as well as your specific state’s laws. The attorneys at Personal Injury Attorneys PLLC have experience handling personal injury cases such as car accidents, pedestrian accidents, and bicycle accidents. They will help build a case to ensure you receive everything you need to recover from your specific accident.
