When we think of car accidents and other motor vehicle accidents, we tend to think only of the vehicles involved in the accidents. However, in 2008, the National Highway Traffic Safety Administration reports that 69,000 pedestrians were hurt in motor vehicle accidents and 4,378 pedestrians died in those accidents. Pedestrian deaths accounted for 12 percent of all motor vehicle crash deaths.
I have represented many pedestrians who have been hit by cars or trucks. I have been successful in winning compensation for the injuries my clients have suffered. The drivers were at fault and we rightfully held them accountable for injuring my clients. Nonetheless, each of those clients would have preferred that the accident never occurred. As pedestrians and drivers, we can all take steps to improve pedestrian safety.
Risk Factors and Pedestrian Accidents
Studies reveal several facts about pedestrians hurt in motor vehicle accidents:
- According to the National Highway Traffic Safety Administration, 72 percent of all pedestrian fatalities occur in urban areas. This finding makes sense since there are more pedestrians in these areas. Last year (2009) was a bad year for pedestrian fatalities in New York City. While overall traffic fatalities decreased to 256 deaths, the lowest ever recorded, pedestrian fatalities increased from 151 to 155.
- In 38 percent of pedestrian deaths, the pedestrian had a blood alcohol count (BAC) of .08 or higher, meaning that 38 percent of victims were legally drunk. Just as you should never drink and drive, you should not walk in congested areas when you've been drinking.
- Pedestrian accidents are most likely to occur from 6 p.m. to midnight, meaning at dusk or night. Friday and Saturday nights see more pedestrian accidents than any other time.
- The majority of pedestrian fatalities occur at locations other than intersections. These non-intersection fatalities tend to occur either on highways or interstates or in non-crosswalk areas where pedestrians may walk into the road at a location where drivers do not expect to see them.
- Elderly residents are particularly vulnerable to pedestrian accidents and fatalities.The New York Postfound that "although people from 60 to 75 make up just 17 percent of the population in New York City, Westchester County, and Long Island, they account for 42 percent of pedestrian fatalities." The National Highway Traffic Safety Administration reports that in 2008, the pedestrian death rate among those 70 and older was 22 per million people, 61 percent higher than the death rate for those younger than 70.
Improving Pedestrian Safety
The statistics suggest ways to reduce pedestrian accidents:
- Better road design
- Better traffic enforcement
- Better decision-making by pedestrians
The Federal Highway Administration has established a focused plan to reduce pedestrian fatalities in select areas, including New York State and New York City. You can read more of their plan here . The American Association of Retired People (AARP) produced a May 2010 study on pedestrian safety in five upstate New York Counties. You can read that study here and see how it applies to New York City, Long Island and Westchester. The New York Bicycling Coalition issued a guide to improve pedestrian and bicycle safety in New York. You can read that report here .
Better Road Design Will Save Pedestrian Lives
A 2003 study published in theAmerican Journal of Public Healthfound three categories of road design improvements that can reduce pedestrian accidents:
- Separate pedestrians and vehicles: Pedestrians and vehicles don't mix. By creating structures and systems to keep them apart, we keep pedestrians safer.
- Increase the visibility of pedestrians.
- Reduce vehicle speeds in areas where there are likely to be pedestrians.
In one example of better road design, safety has improve thanks to structural changes at the intersection of 9th Avenue and 23rd Street in New York City, near the Penn South housing complex with many elderly residents. The New York City Council is working with the AARP to make other street improvements that will enhance pedestrian safety. You can read more atStreetsblog.
Better Traffic Enforcement Can Save Pedestrian Lives
Traffic enforcement can make a difference in two key ways. Vehicles that abide by speed limits are less likely to be involved in a pedestrian accident or any other type of motor vehicle accident. More importantly, enforcing traffic rules at intersections and crosswalks will save lives, particularly lives of the elderly who tend to cross more slowly. We do not need new laws much as we need to ticket cars that block or illegally enter crosswalks, run red lights or roll through stop signs.
Better Education and Making Better Choices
The Insurance Institute of Highway Safety issued a 2002 report that claimed, "Pedestrians were more likely than drivers to be judged at fault in these collisions (50 percent versus 39 percent with the remainder being either shared or unknown fault)." Simply put, by making better choices, pedestrians can reduce the chance of an accident.
According to a study published in England, public education programs have little effect with pedestrians, except for children. Children benefit from programs that stress crossing at the corner, looking both ways and using caution around cars. Education programs for children have reduced pedestrian fatalities.
For the rest of us, we should follow a few simple rules:
- Don't drink and walk.
- Cross at the corner, not in the middle of the road.
- Use sidewalks whenever possible.
- When walking on the side of the road, face traffic and stay as far out of the traffic lane as possible.
- If stuck on an Interstate or freeway, pull as far off the road as possible and stay in your car. Use a cell phone to call for help or put a white handkerchief on your door handle. If you decide to walk along the highway – where cars travel at tremendous speeds and do not expect to see a pedestrian – you are dramatically increasing your chances of being hit by a car.
- If possible, avoid walking during dusk or after dark.
- Do all you can to make yourself visible. If you must walk at dusk or in the dark, wear reflective materials, carry a flashlight and try to walk in well-lit areas. When I go walking or running, I wear a reflective vest and carry a tiny flashlight.
Always give cars the benefit of the doubt. The driver may be wrong, but if that car hits you, you will lose. If we are out walking, we need to do all we can to ensure our safety.
If you or a loved one suffers an injury as a pedestrian, you should take all steps necessary to receive medical care and you should take the necessary steps to hold the driver accountable for any negligence he or she may have committed.
I hope you found this information helpful. Please call me at 1-800-660-1466 or email me at Carol@Schlittlaw.com if you have comments, questions or would like assistance with a pedestrian accident case.
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
