Pedestrians be Careful and Drivers Keep Alert!

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September 26, 2018 | Personal injury

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It seems like every week we hear of at least one new report of a pedestrian being hit by a car and either severely injured or killed. This issue is at the forefront of our minds as we prepare for trial in a case where this exact situation is at issue and our clients’ child is dead as a result.

We see this situation happening more and more, especially during the summer and fall months when pedestrians are more likely to be out and about on the roadway, whether jogging, walking their dog, traveling to a destination, going to the park, or just enjoying the outdoors. Too often the stories following these accidents are one-sided from the perspective of the driver that hit the pedestrian, who follow such an accident is unable to tell anyone what happened. It seems that drivers place the blame for hitting a pedestrian on someone or something other than themselves, the sun (it was too bright), the darkness (it was too dark), an obstruction near the road way, or some other unknown or irrelevant factor. It is human nature to try to place the blame of this on something outside a driver’s control, as to accept that a driver made a mistake or is at fault is to accept as a driver that you a responsible for someone’s death.

Nebraska Revised Statute 60-647 defines a pedestrian to be any person afoot. Further, Nebraska Revised Statute 6-6,109, requires drivers to exercise due care with pedestrians, as follows: Notwithstanding the other provisions of the Nebraska Rules of the Road, every driver of a vehicle shall exercise due care, which shall include, but not be limited to, leaving a safe distance of no less than three feet clearance, when applicable, to avoid colliding with any pedestrian upon any roadway and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or obviously confused or incapacitated person upon a roadway.

The Nebraska Drivers Manual published by the Nebraska Department of Motor Vehicles provides guidance regarding pedestrians:

  1. Expect pedestrians anywhere at anytime and always yield to them.
  2. Be alert for pedestrians crossing in the middle of the street especially near schools, parks, and residential areas.
  3. Be alert for pedestrians who disregard or misjudge traffic signals and walk against the light.
  4. Yield to pedestrians when turning.
  5. Be especially alert where right or left turn on red lights are allowed.
  6. Come to a complete stop behind crosswalks (marked and unmarked) at stop signs or red lights.
  7. Do not pass a vehicle which has stopped for a pedestrian. The stopped vehicle may block the view of the pedestrian in the street.
  8. Always give the right-of-way to a blind or visually impaired person (who is using a white can or service dog) by stopping and remaining stopped until the person is clear of the roadway.

Below is a long list of recent vehicle on pedestrian accidents just in the past couple of months. Please do not become a news report. Drivers, slow down, pay attention, put your phones down and always expect pedestrians. Pedestrians, even though you have the right of way be extra cautions, always assume a driver won’t stop, attempt to make eye contact before entering an intersection, look both ways, and stick to cross walks where they exist.

If you or a loved on have been injured in a vehicle on pedestrian accident and are looking for guidance feel free to reach out to us for help.

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