If you wish to learn about individuals at risk of Denver pedestrian accidents, do not hesitate to reach out to a professional injury attorney today with more information. A weathered injury lawyer will have experience in these types of cases and can help educate you about the individuals they represent most often. Unfortunately, many of these cases tend to involve younger children, teens, and the elderly. Read on to learn more about individuals at risk of Denver pedestrian accidents, as well as the ways a dedicated injury lawyer could offer you their assistance today.
Child Involvement in Pedestrian Accidents
Statistically, in 2015, 21% of children 14 and younger that were killed in traffic accidents were pedestrians, and children aged 10 to 14 years old had the highest percentages of estimated pedestrians injured. While these numbers may not seem like a large amount, it is important to realize that compared to other age groups it is a higher amount than elderly individuals. Children are unfortunately the most common type of pedestrian that will be hit by motor vehicles.
Children are usually unaware of their environment and can behave impulsively and move erratically. They may not be aware of moving vehicles, know what is not safe, or how to cross the street. Depending on how old they are, smaller children are more difficult to see from the perspective of a driver in a large vehicle. All of these qualities can make them much more vulnerable to pedestrian accidents.
Unique Aspects in Pursing Compensation
Pursuing compensation for child-related pedestrian accidents can differ from those involving adults in a several ways. Because children cannot represent themselves in court, a guardian would be appointed to bring any lawsuit on behalf of the child. Legally and substantively, the duty of care owed to children is much higher than that owed to an adult. This is because it is common knowledge that children are unaware of their environment. Everyone must exercise extreme care when driving in places where children are often present such as schools and parks, which is why there are school zone laws for speeding. Even when a driver is obeying the speed limit and other traffic laws, it is not necessarily proof that they exercised that heightened duty of care. They are under a duty to use extreme caution in a place where it is foreseeable for children to run into the road.
A Driver’s Duty of Care for Individuals at Risk of Denver Pedestrian Accidents
The other difference is that children are rarely found to be contributorily negligent since they have a lower duty of care than adults and are less responsible than adults. For this reason, they cannot be held to the same standard of conduct. Courts usually will determine what is reasonable for a child of similar age, experience, and intelligence under like circumstances. Because there is a heightened level of duty for a driver and a lower level of duty for the child, both of those things together make it difficult to ever put a child at fault in these types of scenarios.
Children, especially early teens, may not be as responsible as a full-grown adult as a pedestrian. There is a higher likelihood of teens jaywalking who have a general disregard for safety. A teen may underestimate the speed of a car because they are not necessarily drivers at that time. This will depend on how old they are, but if they do not have any driving experience, they might really underestimate how quickly a car is coming and how much time they have to cross the road. A lot of teens could be preoccupied with their cell phones and when they are crossing a street, they are not necessarily looking for any cars or if it is safe to cross. Reach out to a weathered injury attorney to learn more.
Pedestrians that Trigger Aggressive Driving Habits
Protesters who are not only being allowed to invade other people’s space might be giving a certain message that a driver does not agree with. Heavily populated tourist areas definitely can trigger aggressive driving habits if someone is trying to get somewhere. Slow, handicapped, or elderly pedestrians can often trigger these habits if someone is impatient when they are driving somewhere. Pedestrians that are being aggressive or irresponsible, such as intoxicated pedestrians, also can trigger some aggressive habits. Unfortunately, children and students also can trigger this. The situation will depend on the specific driver and their lack of patience.
To learn more about individuals at risk of Denver pedestrian accidents and how that could affect one’s duty of care, contact an experienced injury attorney today for your consultation.