There will be factual issues whenever an injury has been suffered by a pedestrian while on the road. Pedestrians have an obligation to use an appropriate level of care to protect themselves against the dangers that a particular circumstance presents. A pedestrian’s right to claim may be reduced or totally prohibited if it can be proven that the pedestrian is the one at fault and the driver did not commit any act or negligence on his part.

However, there are also instances when a pedestrian may still be entitled to recovery. A general negligence claim may be pursued against any driver at fault for causing an accident involving the pedestrian. There can also be legal claim if it be proven that the federal state or the state should have been responsible in the repair of roads. These agencies owe highway users a duty to exercise reasonable care, so when a highway defect contributes to a pedestrian injury on the interstate, the agency (and its contractors) may have legal responsibility for failing to correct the defect. You should always consult with a personal injury to be able to protect your rights when things like this happen.

What is a Pedestrian Doing on the Highway?

It is common to have pedestrian accidents on highways. More than 10 percent of all pedestrian fatalities occur on interstate highways. A curious person, however, may think what the pedestrian might be doing on the highway.

Crossing or Entering

The most common reason for highway accidents is when pedestrians try to cross it. Given the speed of motorists on a highway, it is not surprising that pedestrian accidents happen because the motorist didn’t have time to avoid hitting the pedestrian. Often, most drivers are not able to immediately see the crossing pedestrian, the reason for accidents.

Walking in Roadway After Dark

It is fair to assume that more than 90% of accidents happen at night, or when there is not proper lighting to allow vision. Contributing factors include suicidal behavior, driver inattention, and alcohol use.

Walking or Standing on Shoulder

On the other hand, there is just a few number of pedestrians that get into accident because of standing or walking by the road. In some cases, pedestrians may be on the roadway illegally. Driver error and driver distraction causes most of these crashes.

Pushing or Working on Vehicles

Pedestrians may have mechanical problems with their own vehicles, and may be either working on them or pushing them out of the roadway. It is also common to have accidents caused by the driver’s sleepiness, drunkenness or inattention.

Tending to or Involved in a Previous Crash

Pedestrians injured on interstate highways may be in the roadway because of a previous crash. In some instances, they are injured or thrown from their vehicles. In other cases, people may be exchanging information, inspecting crash damage, or waiting for help. Nonetheless, it can be inferred that these accidents are really caused by poor lighting  and negligence of drivers.