News & Analysis as of

Pedestrians

Maison Law

Pedestrian's Rights in California

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It is important for Californians to know their rights as pedestrians so that if something happens that harms them or their property, they will be fairly compensated for it. This knowledge will also help keep you safe while...more

Maison Law

California's Daylighting Law: Keeping Vulnerable Road Users Safe

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As with many states throughout the United States, California deals with an extremely high number of traffic-related accidents that harm pedestrians, bicyclists, skateboarders, and others. For this reason, legislators have...more

Marshall Dennehey

The Court of Appeals of Ohio, Fourth District, Affirmed the Trial Court’s Summary Judgment in Favor of the Defendants

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Kerns v. Hale et al., Slip Copy, 2024 WL 275413 - The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor...more

Marshall Dennehey

Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes...

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Goyco v. Progressive Insurance Company, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) - Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state...more

Marshall Dennehey

Is the Operator of a Low-Speed Electric Scooter a “Pedestrian” Under N.J.S.A. 39:6a-2(H) and Entitled to PIP Benefits?

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By way of background, on November 22, 2021, David Goyco was operating a Segway low-speed electric scooter (LSES), which has a maximum speed of 15.5 miles per hour, when he was struck by an automobile. As a result of the...more

J.S. Held

Enhancing Intersection Safety: Pedestrian & Line of Sight Considerations

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Introduction: The Role of Roadway Engineering in Preventing Vehicular & Pedestrian Accidents - Roadway engineering is tied directly to what is known about driver needs and behavior during certain tasks. It is the role of...more

Searcy Denney Scarola Barnhart & Shipley

Cycling and Pedestrian Safety in Florida

Because of the beautiful weather, flat terrain, and tremendous resources, Florida is a great place for walking and cycling. While walking or biking may be easier or more enjoyable here than in other places, that doesn’t mean...more

Marshall Dennehey

Motion for Summary Judgment Denied on Issue of Proximate Cause

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Galloway v. Lux Credit Consultants, LLC, --- N.Y.S.3d ----, 2024 WL 820922, 2024 N.Y. Slip Op. 01003 - In an action to recover damages for personal injuries, the plaintiff appealed an order of the Supreme Court, Kings County,...more

Marshall Dennehey

In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action

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Faircloth v. Main Street Entertainment, Inc., 2024 WL 972238 (Fla. Mar. 7, 2024) - This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Florida State University in Tallahassee's Pedestrian Safety

Pedestrian safety is a concern on and around university campuses across Florida. In 2020, a student at Florida State University (FSU) was tragically killed when she was struck by a driver in the crosswalk of the 1000 block of...more

Kennedys

Trucks, vans, and delivery sedans! The complicated landscape of New Jersey pedestrian PIP law and its impact on food delivery...

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Shortly after the COVID-19 Pandemic began, general public spending on food delivery increased by roughly 70% between March 2019 and the first wave of the pandemic in March 2020. As food delivery platforms have become more and...more

Rodemer Kane Attorneys at Law

Colorado Right of Way Laws: The Road Rules You Never Knew Existed!

Colorado law, as outlined in section 102 of the Colorado Revised Statutes, defines "right-of-way" as the privilege granted to one vehicle operator or pedestrian to proceed in a legal manner over another in situations where...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Pedestrian Accident Case

Pedestrian accidents often result in serious injuries—and these injuries can leave victims facing significant losses. From medical bills to lost earnings, the financial costs alone can far exceed what most people can afford....more

Searcy Denney Scarola Barnhart & Shipley

How Comparative Fault Impacts Florida Pedestrian Accident Cases

When you get injured in a pedestrian accident, you need to protect yourself against the insurance companies. They are going to do everything they can to pay you as little as possible—and this may include blaming you for your...more

Searcy Denney Scarola Barnhart & Shipley

Who To Sue If a Pedestrian is Hit By a Commercial Vehicle

Getting hit by a commercial vehicle can be a life-altering experience. Not only can the financial costs be overwhelming, but your pain and suffering and the other non-financial effects of the accident can impact all aspects...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Pedestrian Accident

If you’ve been injured in a pedestrian accident, it may be fairly obvious to you that the driver who hit you is to blame. But, to recover the financial compensation you deserve, you must be able to prove liability....more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

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O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

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Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) - This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly...more

Kennedys

Hold on to your scooters! Accidents involving low speed scooters are ineligible for Personal Injury Protection Benefits in New...

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In an unpublished decision issued July 5, 2023, the Appellate Division held that a plaintiff injured while operating a low-speed electronic scooter did not qualify for Personal Injury Protection (“PIP”) benefits. See Goyco v....more

Morris James LLP

What damages can you recover after a pedestrian, bike, or golf cart accident?

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At Morris James, our auto accident lawyers see many car and truck accidents, but motor vehicle accidents are not the only accidents that happen on Delaware roads and trails. We have a large number of pedestrians, cyclists,...more

Ward and Smith, P.A.

Pedestrian Accidents in North Carolina

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According to the National Highway Traffic Safety Administration, in 2020, car wrecks involving pedestrians caused the deaths of 6,516 pedestrians, amounting to one death every 81 minutes....more

Morris James LLP

What Compensation Can I Get if I am Hit While Walking or on a Bike or Golf Cart?

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In 2021, more pedestrians and cyclists were killed in traffic accidents in the U.S. than in any previous year, with 7,342 pedestrian deaths. The injuries that you might sustain if you are hit by a vehicle as a pedestrian,...more

Morris James LLP

You’ve Been Hit By a Car While Walking or Riding - What Should You Do?

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Delaware is one of the deadliest states in the country for pedestrians, according to a recent study of federal data. It ranks as the fifth most dangerous state for pedestrians, and statistics show that the number of...more

Proskauer - Proskauer For Good

Class Certification Secured for Visually Impaired Chicagoans

Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District...more

Michigan Auto Law

Pizza delivery driver accident with pedestrian case dismissed

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Pizza delivery driver’s bad brakes don’t slow down court from blaming pedestrian injured while trying to cross the street - A pedestrian doesn’t stand a chance of getting justice in Michigan – even when the delivery...more

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