Lawsuit Alert: Driver Flees Scene After Hitting Pedestrian at Night

Sometimes, you can run from something or get lost in your thoughts, crossing the road without looking properly. A lot of people have either died or been seriously injured from nighttime pedestrian accidents while crossing the road. So, you should always be careful and stay focused on the road. 

A video of a woman who got hit by a driver at night has gone viral online. As always, people are blaming the driver. But they forget that pedestrians are to blame, too. Crossing the road during the day is dangerous, not to mention at night. So who was at fault? Is it the woman or the driver?

How Did the Nighttime Pedestrian Accident Happen?

The driver had a dash cam, so it captured the entire incident. If you watch the video, you will see that the lady ran out onto the road, surprising the driver, and got hit. It seemed like she was running from something. The good thing is, she wasn’t severely injured. 

Also, a good Samaritan came to help her. On the other hand, the driver zoomed off and didn’t even stop to check up on her. So who should we blame? The nighttime pedestrian accident driver who ran away from the scene or the woman who ran into the road?

Lawyer’s Review of the Nighttime Pedestrian Accident

Attorney Ugo Lord shared his opinion concerning the incident. The first thing we must assume is that this was a genuine accident. He said the POV driver couldn’t respond in time to avoid hitting her. Because she rushed out of nowhere onto the road, the driver is not responsible for any damages. The nighttime pedestrian accident only happened due to her negligence. 

On the other hand, the driver left instead of staying to help and ensure she was okay. In the United States of America, it is unlawful to leave the scene of an accident without express authorization from the other party. So, the driver is guilty of fleeing the accident scene, even if it wasn’t their fault.

But what if this wasn’t a genuine accident? What if this was a plot to rob the driver? Then, the driver should immediately call the police. If it is unsafe for the POV driver to remain at the scene, then the best option would be to drive to the nearest police station and file a report. Failing to call the police, go to a police station, or file a report will be evidence of fleeing the scene without rendering aid to an injured party. This is a very serious type of hit-and-run.

How do I Sue a Driver for Fleeing the Scene of a Nighttime Pedestrian Accident?

If you’ve ever experienced being hit by a car, you know it’s a very traumatic experience. So, it can be painful when the driver who inflicted the pain on you runs away without showing concern. You can sue a driver for negligence if they flee the scene of an accident. And before you sue, you must show that the nighttime pedestrian accident was not your fault. 

According to the law, pedestrians should not suddenly leave their safe spot and run into the path of a car too close for the driver to safely yield. Doing so would make it difficult to successfully sue the car that hit the pedestrian.

If a pedestrian crosses the road in front of an approaching car without giving the driver enough time to stop or use the brakes, they might not have the right of way. For example, there are four things to consider when suing a driver for negligence.

• Responsibility/Duty: You must base your case on a legitimate obligation that another party owes you in the given situation.
• Breach: There must have been some duty violation for the individual you are suing. 
• Injury: You have to have experienced bodily injury. 
• Causation: You must show that the other person’s negligence resulted in your bodily injury.

If all four elements are present, a pedestrian could sue a driver who causes a nighttime pedestrian accident.  However, in this case, the driver did not breach any duty owed to the pedestrian because the pedestrian darted out in front of the car.

Conclusion 

While it is good to sue the driver who hit you, avoiding getting hit is the best. It is easy to get distracted, especially in this era, because most people use their phones on the road. 

Please avoid watching videos or playing games when you are on the road. Nighttime pedestrian accidents sometimes happen, even when you are not in the way. So be watchful of your environment and stay safe.