Everyone becomes a pedestrian at some point during their day. Commuters drive to work but eventually park their cars and walk. Some children walk to the bus stop each morning while others walk all the way to school. Walking is an eco-friendly, economical way to get from point A to point B. Being a pedestrian has its benefits, but it can also be dangerous. Whatever your reason for walking, a single encounter with a risky driver can change your life forever. As Connecticut pedestrian accident lawyers, we’ve seen how a pedestrian can become a moving target while crossing a street or waiting for a light to change. We understand that you can’t always avoid the risk. That’s why we offer our Pedestrian Accident FAQ. We want to provide essential information and help you understand your rights if you become the victim.
What is a pedestrian?
When the National Highway Traffic Safety Administration uses the word “pedestrian,” it refers to people moving on foot. The most recent Pedestrian Traffic Facts publication describes a pedestrian as “…any person on foot, walking, running, jogging, hiking, sitting, or lying down.”
The pedestrian definition excludes people using conveyances such as roller skates, wagons, motorized devices, mobility scooters, and other wheeled devices.
If a vehicle hits me while I’m walking, who pays for my injuries?
If you’re a pedestrian and a vehicle causes you injury, you deal with the same process as in a vehicle-to-vehicle accident. The driver’s liability insurer investigates to determine if their insured is legally responsible for your damages. As with other liability claims, an adjuster will seek as much information as possible, including your version of the accident.
Once they make their determination, the liability carrier decides how to proceed. They may or may not pay your medical bills and lost wages. They may or may not offer you a settlement for your pain, suffering, and non-economic damages. They may decide to deny your entire claim. Contact a Connecticut pedestrian accident lawyer for legal assistance.
What happens if a driver hits me and then leaves the scene?
This is often more likely than with vehicle-to-vehicle accidents. Recent NHTSA statistics show that hit-and-run drivers cause 24% of all pedestrian fatalities.
Who pays for my injuries if a hit-and-run driver injures me?
If you have an auto policy in force, your Uninsured Motorist Coverage should pay your injury claim. Under Connecticut’s Property and Casualty Statutes, §38a-336 Uninsured and Underinsured Motorist Coverage, UM coverage is mandatory.
You may also have UM coverage available on someone else’s auto policy if you are a “family member” as defined by their policy definitions. This usually requires that you reside in the policyholder’s household and be related by blood, marriage, or adoption. When you report that you were the victim of a hit-and-run pedestrian accident, your insurance company must establish a UM injury claim on your behalf.
Your uninsured motorist claim places your insurer in the negligent driver’s shoes. They must investigate, evaluate, and resolve your claim as though they were the hit-and-run driver’s liability insurance carrier.
How do pedestrian accidents typically occur?
Walking usually places you on a parallel path with cars and trucks in the street. This allows some degree of safety until a vehicle leaves the road or crashes into another vehicle. Pedestrians often sustain serious or catastrophic injuries when an out-of-control vehicle initiates direct contact. Airborne debris may also cause serious harm if you’re walking nearby when an accident occurs.
The potential for pedestrian accidents increases when you enter a street. Even if a pedestrian crossing sign authorizes you to walk, you have no guarantee that oncoming cars and trucks will stop. When a driver becomes distracted, intoxicated, or otherwise impaired, they don’t always notice who or what’s in their path. A speeding driver may see you crossing, but might not have time enough to stop.
How often do pedestrian fatalities occur?
The Connecticut Crash Data Repository and the NHTSA’s statistics provide the most recent annualized data:
- Total pedestrian fatalities nationwide: 7,522 and 67,336 pedestrian injuries
- Total pedestrians involved in Connecticut accidents: 9,751
- Total traffic fatalities in Connecticut, 359; total pedestrian fatalities, 68
- Pedestrian fatality percentage: 18.9 percent of all Connecticut accident fatalities
- Nationally, pedestrian fatalities occur every 70 minutes.
- Non-fatal pedestrian injuries occur every 8 minutes.
Who are the most frequent pedestrian accident victims?
NHTSA’s Pedestrian Traffic Facts provides further details about the 7,522 fatally injured pedestrian victims nationwide.
- Males comprised 70 percent of all pedestrian traffic fatalities.
- Forty-eight was the average age of a fatally injured pedestrian.
- Pedestrians aged 60-to-64 had the highest number of fatalities of any NHTSA group (694)
- Pedestrians 65+ sustained 1,497 fatal injuries. This total includes age groups 65 to 69, 70-74, 75 -79, and 80+.
- Pedestrians ages 35-to-39 (694 fatalities) and 60-to-64 (also 694 fatalities) had the most fatal accidents of any age group.
- Seventeen percent of children 14 and younger killed in traffic crashes were pedestrians.
- Of child pedestrians ages 14 and under, 188 sustained fatal injuries, and 6,946 sustained non-fatal injuries.
- Children ages 5-to-9 had the least number of fatal injuries. (51)
Are children at higher risk for pedestrian accidents?
Yes. The NHTSA’s most recent annual statistics report that accidents injured 6,946 child pedestrians under age 14. Pedestrian accidents also caused 188 fatalities in this same age group. Child pedestrian accidents often occur because streets present a challenge for young children.
As an adult, you probably see crossing a street as a simple process. It involves several distinct tasks. For a child pedestrian, these tasks can seem overwhelming.
- Wait for a sign that it’s okay to cross: a traffic signal, a gap in moving traffic, a crossing guard.
- Decide if it’s safe to cross.
- Estimate the speed and distance of approaching vehicles.
- Predict how long it will take for oncoming vehicles to pass.
- Step off the curb and cross in time to avoid an accident.
Young children can’t always assess situations inherent to navigating traffic. Even if a parent provides safety instructions, a child can’t always appreciate the dangers of a drunk or distracted driver. When a crosswalk signals that it’s okay to cross, a child pedestrian may assume that an oncoming vehicle will slow down or stop.
In the report, “Looking Both Ways,” the National Science Foundation discusses child pedestrian and bicycling issues. Researchers observed pedestrians and bicyclists ages 6 to 12 as they navigated virtually simulated street conditions. They confirmed the following:
- A young child’s limited cognitive, physical, and judgment capabilities put them at risk.
- Children develop greater safety and analytical capabilities as they age.
- Older children may still display poor judgment and timing.
- When crossing a street, older children analyzed situations correctly, yet some still made risky moves.
- Parental training helps children make safer decisions.
Do older adult pedestrians have safety issues?
Yes. Older Adult pedestrians deal with safety issues related to aging. The NHTSA evaluated these concerns in their report, “Identifying Countermeasure Strategies to Increase Safety of Older Pedestrians.”
As people age, hearing, vision, cognitive, and physical limitations contribute to pedestrian accident frequency. Also, when a vehicle strikes an older adult, they often sustain more serious injuries compared to younger pedestrian victims.
- Pedestrians aged 65 to 80+ totaled nineteen percent (1,497) of all elderly traffic fatalities nationwide (7,971.)
- Elderly pedestrians aged 65 to 80+ had the highest number of accident-related injuries (9,463.)
- The age group with the highest percentage of pedestrian traffic fatalities was the 60-to-64 age group.
When ER physicians treat older pedestrians, they must often consider underlying health complications. A Wisconsin urban trauma center’s adult pedestrian accident study documented this trend. Researchers found that elderly pedestrians required inpatient care more frequently and some needed nursing home care. Older pedestrian casualties were also twice as likely to die from their injuries.
Do certain vehicles cause more pedestrian accidents than others?
Yes. The NHTSA’s most recent statistics show that pedestrian accidents reflect distinct patterns in vehicle types and driver actions.
- Of the 7,522 pedestrian fatalities documented nationwide, 88 percent occurred in single-vehicle crashes.
- Twelve percent of pedestrian victims sustained fatal injuries in multi-vehicle accidents.
- Hit-and-run drivers caused twenty-four percent of pedestrian fatalities.
- Most pedestrian fatalities occurred due to contact with the front of a vehicle.
- Vehicle-related pedestrian fatalities caused by private passenger vehicles (light trucks including SUVs, pickups, and vans) usually involved impact with the front of the vehicle.
- Commercial vehicle (trucks and buses) pedestrian fatalities usually involved a side impact.
Do certain types of vehicles create atypical safety risks?
Yes. As a pedestrian, electric, hybrid, SUVs, and vehicles with certain automated driving technologies may increase your risk for accidents and injuries.
Electric and hybrid vehicles
NHTSA research found that hybrid and electric vehicles were 20 percent more likely to be involved in pedestrian accidents. Traditional engines produce recognizable sounds, making them more easily detectable. As electric and hybrid engines operate quietly, people can’t always hear them coming. This reduces a pedestrian’s chances of detecting and avoiding a collision.
Sport utility vehicles
When an SUV collides with a pedestrian, its mass and weight increase its capacity to cause substantially greater injuries than a smaller vehicle. As most pedestrian accidents involve contact with a vehicle’s front, bumpers on larger vehicles also increase the risk. Higher bumpers easily connect with and severely damage a pedestrian’s upper legs and torso.
This is also a concern with Buses and large trucks. Fortunately, large commercial vehicles are involved in fewer pedestrian accidents.
Autonomous vehicles
Vehicle manufacturers already offer a range of driver assistance technologies. Once activated, a vehicle can brake, steer, avoid collisions, or alert a driver of potential danger. Most technologically advanced vehicles require human monitoring. Fully autonomous vehicles are riskier as they perform all driving tasks without human intervention.
As technology companies introduce more automated driving technologies, the Pedestrian Bicycle and Information Center urges them to address potential risks to pedestrians and bicyclists. Although autonomous vehicles remain experimental, companies have already documented high-profile accidents. Here are a few of the safety concerns:
- Detection: Conditions that affect human drivers may also affect autonomous vehicles: low light, glare, adverse weather, road curvature, and others. These conditions can prevent technology-driven systems from detecting adverse conditions.
- V2X: Vehicle-to-vehicle, vehicle-to-pedestrian, and other V2X technologies require potential sensory improvements. This is necessary for providing meaningful information about roads, infrastructure, pedestrians, and other safety concerns.
- Communication: Drivers, pedestrians, and bicyclists often use non-verbal signals such as a wave, nod, smile, or other gesture. People use these signals to inform each other of their intentions. For example:
- A pedestrian may wave to a driver, signaling that they’re relinquishing their right of way.
- A bicyclist may use a hand signal to indicate a turn.
- A vision-impaired person may carry a white or other color cane to signal their specific disability.
Despite technological advancements, automated driving systems might not be able to notice or interpret these and other human signals. The PBIC’s Discussion Guide also addresses ADS problems such as right-of-way, passing, speed, picking up and dropping off passengers, and other issues.
Where do most pedestrian accidents occur?
Urban vs rural: NHTSA statistics consistently show that a pedestrian is more likely to become an accident casualty in an urban setting. Cities have more pedestrians, vehicles, and traffic than rural areas. This naturally increases the potential for accidents.
Nationwide: While even a single pedestrian fatality is one too many, Connecticut has a lower number of pedestrian fatalities than many other states.
- Connecticut: 68 pedestrian fatalities
- California: 1,158 pedestrian fatalities
- Florida: 773 pedestrian fatalities
- Texas: 797 pedestrian fatalities
Pedestrian accidents occur more frequently in the above states, primarily due to dense populations, more vehicles, and increased traffic. State statistics also reflect heightened activity due to seasonal tourism and daily commutes to and from major metropolitan areas.
Which sections of roads are most involved in pedestrian accidents?
Pedestrian accidents occurred at these street locations.
- Intersections, 16 percent
- Non-intersections: 75 percent
- Other locations: 9 percent
Do pedestrian accidents occur at certain times of the day?
In documenting pedestrian accident time-of-day trends, NHTSA also determined the following:
- Nationally, twenty-six percent of pedestrian accidents occurred during the hours of 6 pm and 8:59 pm.
- Twenty-five percent of pedestrian fatalities occurred between the hours of 9 pm to 11:59 p.m.
- Lighting conditions: Dark, 78%; daylight (19%), dusk (2%), and dawn (2%)
What are the most common pedestrian accident injuries?
A California Journal of Emergency Medicine study describes the injury mechanisms that may occur when the front-end of a private passenger vehicle strikes an adult pedestrian. During the initial impact, the bumper often hits the adult’s lower legs, pushes them forward and their thighs hit the hood.
The upper body may hit the hood or windshield. If the vehicle is traveling at a high speed, it may catapult the victim to the pavement, causing additional injuries. Common adult injuries include:
- Head and brain trauma
- Leg fractures and crush injuries
- Pelvic damage
- Tibial damage
- Ligament damage
An NIH-published study discusses Applied Bionics and Biomechanics’ child pedestrian injury study. The organization researched child accident victims in their effort to develop pedestrian accident protection. They documented how a child’s weight and height caused them to absorb vehicle impacts differently than adults. They also found Injury variances related to differences in bones, cartilage, knee ligaments, muscles, tendons, and growth plates.
These are some of the most common child pedestrian injuries.
- Femur fractures and tibia/fibula fractures
- Traumatic brain injuries
- Spinal injuries
- Internal trauma
- Head and Neck trauma
While child pedestrian accidents cause head injuries, lower extremities usually sustain the most severe injuries. Although children’s fractures usually heal more quickly than older adults, they may also require rehabilitation.
Should I contact a pedestrian accident lawyer for legal help?
As with any serious accident, you need a legal professional working on your behalf and protecting your legal rights. When you contact a pedestrian accident lawyer as soon as possible following your accident, they can take care of the complications while you rest and heal.
