Pedestrian Accidents


    When pedestrians are struck by motor vehicles the results are usually catastrophic. According to the National Highway Traffic Safety Association, about 5,000 pedestrians are killed and 100,000 injured each year in accidents involving motor vehicles. While a small percentage of pedestrian accidents are caused by drivers intentionally striking pedestrians, most are due to driver negligence including:

  • Speeding
  • Drunk driving
  • Distracted drivers
  • Disobeying traffic signs or signals
  • Failure to observe crosswalks
  • Failure to use turn signals
  • Failure to use appropriate caution in bad weather
  • Failure to use extra care in areas where children are known to be present

     In some cases the accident is the fault of both the driver and the pedestrian. This does not mean that the pedestrian is not entitled to compensation, but can mean that the compensation is reduced according to the amount of responsibility the pedestrian had in the accident. A drunk or speeding driver who strikes a pedestrian crossing in an inappropriate manner, such as out side of a crosswalk, would still be responsible for a portion of the injuries.

  • Common pedestrian actions which can constitute fault or partial fault include:
  • Crossing under the “don’t walk” signal
  • Crossing the street outside of crosswalks
  • Entering a moving stream of traffic
  • Suddenly rushing out into the road

     As with any type of accident there are certain things that you should do if you are involved in a pedestrian accident including:

  • Report the accident to law enforcement
  • Get contact information from everyone involved and any witnesses
  • Get statements from witnesses
  • Seek medical attention even if you do not think you are injured. After an accident you may be in shock or have injuries that you are not aware of
  • Take photos of the accident scene and any injuries
  • Do not admit guilt
  • Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades
  • Keep all receipts for any expenses related to the accident, including medical bills
  • Keep a journal of how the accident affects your everyday life including any physical and emotional pain or limitations
  • If your job is affected, by causing you to miss time at work, change duties, or even lose your job, keep a record of this as well, including all lost income
  • Speak to an experienced pedestrian accident attorney right away

     After an accident you will have a limited amount of time to pursue any personal injury claim.  Pedestrian accidents often involve a great deal of pain, suffering and medical expense. Pedestrian accidents often result in death. Loved ones may be entitled to compensation in these cases.

     If you or a loved one has been involved in a pedestrian accident, contact our office right away and schedule a free consultation with attorney Dan Pagliarini, an experienced Hawaii pedestrian accident attorney to evaluate your claim.

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