Hitting a pedestrian while driving is a horrible occurrence, but not uncommon. According to statistics collected by the National Highway Traffic Safety Administration (NHTSA), 4743 pedestrians were killed and an estimated 76,000 were injured in crashes with motor vehicles in 2012.
A pedestrian just missed being hit by a tour bus carrying the Kings of Leon band. The band was en route to their hotel after a show in Boston when a pedestrian jumped in front of their tour bus, causing the bus to stop short, reported Rolling Stone magazine (8.10.14).
A passenger on the bus, Kings of Leon drummer Nathan Followill, suffered broken ribs in the accident. No one else was injured.
The reason why the pedestrian jumped in front of the bus was unreported, but he or she was lucky not to have gotten hit. Hitting a pedestrian at a speed of only 10 miles per hour can severely disable a pedestrian in the event of a collision.
When a driver hits a pedestrian, one of the most important questions is often: Whose fault was the accident? Both drivers and pedestrians must follow the laws of the road and exercise reasonable care. The law of negligence determines who is at fault. The person, either the driver or the pedestrian, who failed to exercise reasonable care under the circumstances may be considered negligent. In some cases, both the driver and the pedestrian may be negligent. For example, a pedestrian illegally crossing the street is hit by a driver who is speeding.
If a driver is clearly at fault for the accident, the pedestrian will usually be able to recover compensation from the driver and-or the driver’s insurance company for injuries suffered. If the pedestrian is to blame for the accident, however, he or she will probably not be able to recover compensation for injuries. In addition, if the pedestrian is found to be at fault for the accident, the driver may actually be able to sue the pedestrian for compensation for any injuries to the driver and-or passengers in the vehicle, plus any harm to the vehicle.
New York State recognizes pure comparative negligence. The comparative negligence statute (New York Civil Practice Law and Rules Article 14-A – § 1411) states that when both the plaintiff and the defendant were negligent, the court must determine each party’s percentage of fault and award damages proportionally.
A pedestrian, as defined by the NHTSA as any person on foot, walking, running, jogging, hiking, sitting or lying down who is involved in a motor vehicle accident. In addition to pedestrians, drivers need to watch out for people who use a bicycle, operate a wheelchair, roller skate, rollerblade, and ride a scooter.
The Nashville, Tenn. band is on its Mechanical Bull tour.
The Rolling Stone story cited is “Kings of Leon’s Nathan Followill Injured in Tour Bus Accident.”