 Pedestrian Accidents
Pedestrian's Duty of Care
A pedestrian must exercise reasonable care for his or her own safety. The care required of the pedestrian must be in proportion to the danger to be avoided and the consequences that might be reasonably anticipated. Contributory negligence may be assessed against a pedestrian if they failed to exercise such care and directly contributed to the cause of their own injuries.
A few of the most common factors contributing to pedestrian negligence are:
Pedestrians who ignore the "walk" signal at an intersection

Pedestrians who enter a stream of traffic and disrupt the flow

Pedestrians who fail to use marked cross walks

Pedestrians who "dart" in front of a vehicle

Other Pedestrian Accidents
The legal area of premises liability controls claims for losses based on the actions of property owners or possessors, including most non-vehicular related pedestrian accidents. In most states, those in control of land have a duty to maintain their property and a duty to warn people of hazards on it.
To recover damages in a premises liability case, the injured party must prove a dangerous condition on the property and knowledge of that condition by the person or entity controlling the property. A dangerous condition exists when something on the property presents an unreasonable risk to people on it, and the risk is not an obvious one. Knowledge of the dangerous condition is established by showing that: 1) the owner or possessor created the condition; 2) the owner or possessor knew the condition existed and negligently failed to correct it; or, 3) the condition existed for such a length of time that it should have been discovered and corrected prior to the incident in question.
While a property owner will be responsible when a dangerous condition exists on his or her private walkways, such an owner is not usually responsible for injuries resulting from a fall on a public sidewalk located outside his or her property, especially when this property is owned and maintained by a city or town. However, some courts will impose liability on a business owner when business customers exclusively use the public sidewalk.
If You are Involved in a Pedestrian Accident
Be aware that those who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence was the cause of what happened. If you have been involved in a pedestrian accident, you should do the following:
Call police immediately.

Do not leave the scene of the accident before help arrives.

Gather names and phone numbers of any witnesses.

Do not make any statements to anyone, including drivers and insurers.

Call a qualified and experienced pedestrian accident or personal injury attorney as soon as possible.
Pedestrian Accidents - FAQs
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