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Pedestrian Accidents

The Royal Oak Police Department in Michigan has reported that a 26-year-old Florida resident has lost his life after an accident at around 12:50 a.m. on Saturday, February 27 when he was hit by a Canadian National Railway train near the intersection of S. Main Street and Sixth Street.

The victim was brought to William Beaumont Hospital – where he later succumbed to his mortal injuries – by the Royal Oak Fire Department.

According to the National Highway Traffic Safety Administration, most pedestrian accidents occur between the hours of 6 a.m. and 6 p.m. as there are more vehicles and people using the roads due to their performance of day-to-day activities such as going to place of work or school. These accidents mostly involve injuries, as there is more probabilities that the drivers who hit a passer-by is distracted, but more or less in control of his or her motor functions.

The transportation agency stated, on the other hand, that pedestrian fatalities usually occur at night, because such accidents are usually caused by factors such as drunken drivers, drunken pedestrians, or poor visibility, which could all lead to mortal injuries for the pedestrian involved.

According to the website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A., the major contributing factor to the rise of pedestrian accidents in the United States is the tendency of pedestrians to jaywalk, a tendency which usually occurs in urban cities. This is because police officers tend to not be that stringent when it comes to enforcing policies regarding jaywalking. Aside from it being a low-priority concern for law enforcement, jaywalking is also considered low in the priority of lawmakers in each state – they tend not to enact more stringent rules to violators of said offense.

Pedestrians also do not see familiar routes as particularly a source of potential danger, so they let their guard down when crossing familiar streets, as compared with pedestrians who have been involved in or have witnessed car accidents, who are more likely to cross with more care in crosswalks.

Liability for Vehicle Accidents Due to Road Conditions...

Most car accidents are due to the action of an individual such as speeding, or failing to stop, or drunk driving. In such cases, it is easy to pinpoint responsibility and possibly civil liability. However, when an accident occurs because there was a huge pothole on the road, or there was ongoing roadwork with inadequate warning signs, it gets more complicated.

Road maintenance usually involves the government in some capacity, so if the road is in poor condition and causes an accident, the government entity in charge is liable for any injuries and damages. However, an Iowa car accident attorney probably is aware that poor roads do not automatically mean the government entity is responsible for vehicle accidents.

The entity maintaining a particular road is not watching it all the time, so there may instances when the road is damaged or blocked and the government entity does not know, or has not had time to do repairs. In such cases, the government may not be liable for vehicle accidents. However, if the government entity does not know but the damage has been around long enough that it should have known, then liability may exist.

Motorcycle riders are particularly vulnerable to such accidents because they tend to go fast even on bad roads and have less time to react to a sudden obstacle. An article on the website of the Habush Habush & Rottier S.C. ® points out that most victims of motorcycle accidents sustain serious injuries. With no one to put the blame on, that can be catastrophic.

In order to make a claim against the government for vehicle accidents due to road conditions, you will have to report it to the local county commissioner to find out who may be liable for your injuries. You will also have to get around sovereign immunity issues, if any. Ask a personal injury lawyer in your state about sovereign immunity and how it may affect your claim.