The National Highway Traffic Safety Administration has defined a pedestrian as any person on foot, walking, running, jogging, hiking, sitting or lying down. Please do not interpret this definition literally and then go lie down in the street. No reason comes to mind why anyone would do that. Nevertheless, walking along a sidewalk downtown is not so uncommon. As most things closely situated to a main thoroughfare of traffic, pedestrians are at risk for being injured by a car. Along with traffic laws, there are rules that pedestrians are subject to. In Arkansas, for example, where a pedestrian crosses the roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection, the pedestrian is to yield the right-of-way to all vehicles upon the roadway. Oddly enough, in 2009, three-fourths (76%) of pedestrian fatalities occurred at non-intersections versus at intersections. Naturally, one can assume that a significant number of pedestrian accidents are a result of suddenly stepping into the path of an automobile.
The driver of a car is not expected to prepare for every pedestrian seen in a safe roadside place to unexpectedly jump into the road without any warning. It is likely that the driver of a car may see a person in the way before the pedestrian notices the car. In that case, the driver owes a pedestrian the duty to attempt to warn them. Additionally, driving at a speed above what is reasonable for the circumstances cancels the excuse for failing to see and avoid a pedestrian who suddenly comes into the path of the car. Incidentally, drivers should proceed with special care around places where children have been known to play as children do not appreciate the risks of darting in and out of the street.
There are simple ways to avoid the risk of walking on the side of a busy street. More information about pedestrian safety can be found by clicking here. If you frequently walk in high traffic areas, be alert and know the safety precautions that can reduce your risk of injury. The unexpected sometimes happens no matter how we prepare.