Thousands of pedestrians are killed in traffic accidents every year. Our firm represents clients who have suffered personal injuries, or clients who are survivors of a pedestrian killed in a road accident as a result of the reckless or negligent driving of another motorist.
Although pedestrians and drivers are both bestowed with the duty to exercise ordinary care, the amount of care required by the driver is greater than that of the pedestrian, since the driver is driving a vehicle capable of inflicting severe injury or death.
As a general rule, a motorist has the duty of having his or her vehicle under sufficient control to enable him to avoid injury to any pedestrians. The driver of an automobile has no right to assume that the road is clear, and at all times must anticipate and expect the presence of others. As such, the driver must maintain a vigilant lookout and anticipate at all times that, even though he or she is within the law, the danger of injuring a pedestrian may arise from his or her presence on the road. As with most negligence cases, the driver's general standard of care is that which a reasonably prudent person would exercise in similar circumstances.