To prevent pedestrian accidents, people on foot should walk onto a road while exercising caution, and drivers should operate their vehicles with due care to keep other road users free from harm. A moment of distraction or inattention on the part of either driver or pedestrian can mean the difference between safety and a serious or fatal accident.
The WPTV West Palm Beach reports that a 55-year-old Riviera Beach man was killed when he was struck not only by one vehicle, but by two at the intersection of Australian Avenue and Martin Luther Boulevard in Riviera Beach.
According to a Riviera Beach Police spokeswoman, the pedestrian was trying to cross the road around 9 p.m. when he was struck by an oncoming car. After the initial incident, the man was hit by a pickup truck and was pinned beneath the second car, which dragged him a few feet. The pedestrian was pronounced dead at the scene. The drivers of the two vehicles remained at the crash scene awaiting the police.
The series of incidents that caused the pedestrian’s death in Riviera Beach occurred in quick succession. Details remain undefined at this point, but it’s clear that when a collision between a pedestrian and a motor vehicle occurs, the person on foot generally suffers the most injuries. If there was negligence on the part of either or both drivers and it contributed to the crash, the man’s surviving family may pursue a claim through a wrongful death lawsuit.
In pursuing a compensation claim, the family of the deceased would need to determine if either or both drivers were not acting with reasonable care when they struck the pedestrian. Negligence may take the form of speeding, distracted driving, or failing to follow traffic rules. In certain cases, a very serious demonstration of negligence could result in awarding punitive damages to the claimant in order to punish a grossly negligent or reckless driver.
When deciding causative potency in injury cases involving pedestrians and motor vehicles, juries and judges in civil court typically take into account the obvious disparity between the pedestrian and the vehicle operator on the road with a potentially dangerous weapon. In motor vehicle-pedestrian accidents, it is generally rare for an injured pedestrian to be found more liable than the driver, unless the pedestrian suddenly moved into the oncoming vehicle’s path.
A devastating accident can occur in mere seconds when a driver fails to exercise reasonable care and caution. A driver who hits a pedestrian should be held legally liable for any resulting serious or fatal injuries.