Car Accident Lawyer
If the pedestrian is injured on an interstate highway, this is going to be an extremely complex legal issue and it is going to pose a lot of factual issues as well because pedestrians have the obligation to use the appropriate level of care when crossing the road especially in interstate highway, to protect themselves against the circumstances of the particulars of crossing that specific area. So if the pedestrian has failed to meet this standard and they are injured on an interstate highway, they might find themselves receiving reduced compensatory claim due to comparative fault among other issues.
But there are instances where pedestrians interstates are going to be entitled to recovery via a legal claim, and of course a general negligence claim can always be pursued against any driver for up while driving which led to an accident where a pedestrian was injured. However a legal claim may also be possible against the state or federal agencies that are responsible for designing and up keeping the road. It depends entirely on the type of accident that happened, as well as the particular person being allowed on the highway or not.
So if a highly defective road issue contributed to a pedestrian injury on the interstate, the pedestrian may be able to sue the government entity that was responsible for creating and maintaining the roadways. So if you or your loved one are involved in any kind of pedestrian incident on the interstate you should reach out to a car accident lawyer about your case.
Why is there a pedestrian on the highway?
Pedestrians on interstate highways are very calm and however you would not think they would be common because interstates are typically extremely long stretches of road where cars are going extremely fast. However it is implied that over 10% of all pedestrian fatalities happened on the interstate.
So let’s look at some of the reasons you should be aware of as a car driving on the interstate, when involved with pedestrians.
Crossing or entering, is one of the most common reasons for a pedestrian to be on the interstate. Oftentimes in this scenario the driver does not even see the pedestrian that they have hit, until it is too late. Other times they may see the pedestrian but not have time to avoid hitting the pedestrian because of the speed that the highway is going.
Walking on the roadway after dark is over 90% of the crashes that involve pedestrians, and in this instance it is often on purpose. Typically this is seen with suicidal behavior, driver inattention and alcohol use. So in this instance there may be more blame on the drivers in the pedestrians.
Walking or standing on the shoulder, sometimes pedestrians can be on the roadway illegally trying to panhandle. However other times you could simply be dealing with somebody who is trying to go get gas after the car has broken down and they are simply met with driver error and inattention.