National and Idaho pedestrian accidents statistics mixed
Nationally, the number of pedestrian fatalities decreased in the first six months of 2013. This was welcome news after three years of increases. It is still unclear whether Idaho is following the national trend.
March 13, 2014
National and Idaho pedestrian accidents statistics mixedArticle provided by Goicoechea Law Offices
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After several years of increasing pedestrian fatalities, recent evidence suggests a decline in 2013 pedestrian deaths across the country. At the beginning of March, the Governors Highway Safety Association released a report that found pedestrian deaths fell by 8.7 percent between 2012 and 2013.
The report compared the first six months of each year. Engineering changes along with education and enforcement efforts may explain the nationwide decline in pedestrian deaths in auto accidents.
Some challenges noted in the report include: roads designed for motor vehicles and the difference in mass between pedestrians and vehicle, which can result in serious injury. Another key aspect cited in the report was the need to reduce speeding in areas used by pedestrians. Higher speed crashes are more likely to prove fatal.
Idaho statistics
In Idaho, the most recent data available on pedestrian accidents is from 2012. The total number of Idaho pedestrian-car accidents increased seven percent from 2011 (226) to 2012 (242). Of those pedestrian accidents, 98 percent involved an injury. There were 13 fatal accidents in 2012, which was a 30 percent increase from the 10 reported in 2009, 2010 and 2011.
It is yet unclear whether Idaho followed the national trend and experienced a decrease in pedestrian accidents in 2013.
A negligence claim
Drivers on Idaho roads must exercise due care to avoid collisions with pedestrians and bicycles. A negligence claim involves four elements:
-A duty, which in the auto context, is to exercise due care while driving;
-Breach of the duty;
-A connection between the conduct and an accident; and
-Actual losses, such as medical bills.
In a case where a pedestrian is hit while in a crosswalk, there will be many questions related to the cause. If it can be proven that the driver was composing a text message seconds before the crash, this could prove a breach of duty that caused the accident. An investigation may be required to prove a motorist was engaged in negligent conduct, because few drivers will admit to taking their eyes off the road.
Comparative responsibility
In some car accidents, each person may have been negligent to a certain extent. In an accident, a driver may swerve while inputting an address in a GPS. However, if the pedestrian was crossing the street without a walk signal, he or she may also be at fault.
In Idaho, the contributory negligence of a plaintiff reduces recovery following an accident. Recovery is prohibited if the negligence of the plaintiff was more than 50 percent. A jury assigns a percentage to each party. In the prior example, the jury might find the pedestrian was 10 percent liable. This would reduce any recovery of damages for medical bills, lost wages and pain and suffering by 10 percent.
Following an accident, speaking with an attorney is one way to obtain just compensation for your injuries. Time is important for investigating the accident and filing a claim if necessary, so do not delay.