Driver’s Duty: Understanding Responsibilities for Pedestrian Safety

Each year, thousands of pedestrians are injured or killed in traffic accidents, highlighting the critical importance of driver awareness and responsibility. In 2024, drivers struck and killed 7,148 people walking in the United States. This blog post, “Driver’s Duty: Understanding Responsibilities for Pedestrian Safety,” aims to clarify the legal and ethical obligations drivers have to protect pedestrians, offering practical advice to prevent accidents and promote safer roadways for everyone.

The Driver’s Duty of Care

A driver’s duty of care is a legal obligation to operate a vehicle in a manner that avoids causing harm to others, including pedestrians. This duty is based on the principle that anyone operating a potentially dangerous instrument, like a car, must exercise reasonable caution to prevent injuries. This responsibility is governed by traffic laws and general principles of negligence. Understanding this responsibility is essential for both drivers and pedestrians to prevent accidents and ensure a safe road environment.

What does this duty entail?

Obeying Traffic Laws: Drivers must adhere to all traffic laws and regulations, including speed limits, traffic signals, and stop signs. These laws are designed to promote orderly and safe traffic flow and protect pedestrians and other road users.
Maintaining Vigilance: Drivers must remain attentive and vigilant, always looking out for pedestrians, especially in areas where pedestrian traffic is expected, such as crosswalks, school zones, residential neighborhoods, and parking lots.
Yielding to Pedestrians: Drivers are required to yield the right of way to pedestrians at marked and unmarked crosswalks and intersections. They must also be prepared to stop or slow down if a pedestrian unexpectedly enters the roadway.
Avoiding Distractions: Drivers should avoid distractions such as using mobile phones, eating, or any activity that takes their attention away from driving.
Driving Sober: Operating a vehicle under the influence of alcohol, drugs, or any impairing substances is illegal and highly dangerous. Intoxicated drivers have diminished reaction times and impaired judgment, leading to a higher likelihood of accidents.
Using Signals: Drivers should use turn signals to indicate their intentions to turn or change lanes. This helps pedestrians and other road users anticipate the driver’s actions and respond accordingly.
Adjusting to Conditions: Drivers must adjust their driving to accommodate changing conditions, such as bad weather (rain, snow, fog), poor visibility, road construction, and heavy traffic.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents is crucial for both drivers and pedestrians to take preventive measures. Many factors contribute to these incidents, often stemming from driver negligence or environmental conditions.

Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. Drivers texting, eating, adjusting the radio, or even talking to passengers can miss pedestrians in crosswalks or near roadways.
Speeding: When drivers exceed speed limits, they reduce their reaction time, making it harder to avoid hitting pedestrians. Additionally, the severity of injuries increases with speed.
Failure to Yield at Crosswalks: Many drivers fail to give pedestrians the right of way, even at marked crosswalks. This is especially dangerous at intersections with poor signage or no traffic lights to control the flow of vehicles.
Driving Under the Influence: Driving under the influence impairs judgment, reaction time, and coordination.
Poor Visibility: Low visibility due to weather conditions like heavy rain, fog, or snow increases the chances of accidents. Similarly, walking at night without reflective clothing makes it harder for drivers to see pedestrians.
Unsafe Road Design: Sometimes, the very design of the road is a major contributor to an accident. Some roadways that lack sidewalks may be more likely to have pedestrian crashes. Other examples of dangerous design include mid-block crossings that have no marked crosswalk or signal and intersections with very long crossing distances.
Backing-Up Accidents: Pedestrian accidents frequently occur in parking lots, driveways, and other areas where vehicles are backing up due to limited visibility when reversing.

Legal Consequences of Hitting a Pedestrian

Hitting a pedestrian with a vehicle can result in severe legal consequences for the driver, ranging from traffic citations to felony charges. The penalties depend on the circumstances of the accident, including the driver’s behavior and the severity of the pedestrian’s injuries.

Criminal Charges:

Traffic Violations: A driver may face traffic tickets for offenses such as speeding, failing to yield, or running a red light.
Driving Under the Influence (DUI): If the driver was under the influence of alcohol or drugs, they could face DUI charges, which carry significant penalties, including fines, license suspension, and jail time.
Vehicular Manslaughter: In cases where the pedestrian dies as a result of the accident, the driver may be charged with vehicular manslaughter, especially if they were driving recklessly or negligently.
Hit and Run: Drivers who leave the scene of an accident involving a pedestrian can face hit-and-run charges, which often carry severe penalties, particularly if the accident resulted in serious injury or death.

Civil Lawsuits:

Personal Injury Claims: Injured pedestrians can file civil lawsuits against the driver to seek compensation for their injuries, medical expenses, lost wages, and pain and suffering.
Wrongful Death Claims: If the pedestrian dies, their family can file a wrongful death lawsuit to recover damages for their loss.

Tips for Drivers to Ensure Pedestrian Safety

Be Aware of Your Surroundings: Always be vigilant and scan the road for pedestrians, especially in areas with high foot traffic.
Yield the Right-of-Way: Always yield to pedestrians in crosswalks and intersections, even if they are unmarked.
Slow Down in High-Risk Areas: Reduce your speed in school zones, residential areas, and areas with a lot of pedestrian activity.
Avoid Distractions: Never text, talk on the phone, or engage in other distracting activities while driving.
Be Cautious in Low Visibility: Use extra caution when driving at night or in bad weather, as pedestrians may be harder to see.
Check Blind Spots: Before turning or changing lanes, always check your blind spots for pedestrians.
Never Drive Under the Influence: Alcohol and drugs impair your ability to drive safely and can have deadly consequences.
Maintain Your Vehicle: Ensure that your vehicle is in good working order, including brakes, tires, and lights.
Anticipate Pedestrian Behavior: Be prepared for pedestrians to act unpredictably, especially children and those with disabilities.
Respect Pedestrian Signals: Obey pedestrian signals and wait for pedestrians to safely cross the street before proceeding.

What to Do After Hitting a Pedestrian

If you accidentally hit a pedestrian, it is crucial to take the following steps:

Stop Immediately: Stop your vehicle at the scene of the accident and remain there.
Check on the Pedestrian: Assess the pedestrian’s injuries and call 911 immediately to request medical assistance.
Call the Police: Notify the police and report the accident.
Provide Information: Exchange information with the pedestrian, including your name, address, insurance details, and driver’s license number.
Gather Evidence: If possible, take photos of the accident scene, including vehicle damage, road conditions, and any relevant signs or signals.
Contact a Lawyer: Seek legal advice from an attorney experienced in pedestrian accidents to understand your rights and obligations.
Notify Your Insurance Company: Inform your insurance company about the accident and cooperate with their investigation.

Conclusion

Drivers have a significant responsibility to ensure the safety of pedestrians. By understanding and fulfilling this duty of care, drivers can help prevent accidents, reduce injuries, and create safer communities for everyone. Remember, vigilance, caution, and respect for traffic laws are key to protecting pedestrians and sharing the road responsibly. If you or a loved one has been involved in a pedestrian accident, seeking legal counsel can help you understand your rights and options for seeking compensation.