A man was taken to a hospital in critical condition Wednesday morning after being struck by a car while crossing the street near 600 S. downtown. According to officers, the man was hit just before 5:00 a.m. It was still dark when the man was hit. The pedestrian accident caused both off-ramps from eastbound I-80, and I-15 were closed. According to Fox13now.com, authorities have still not given a specific time for when they will reopen. The identity of the man has also still not been released. Similarly, officers are still investigating, and they have not specified if the driver will be ticketed at this time.
We hope the man hit in this accident can make a speedy recovery. Any pedestrian accident is worrisome. In other articles, we have written extensively about the risks and damage that can be done in a pedestrian accident. As mentioned above, we still do not have much information regarding this specific pedestrian accident. However, in this article, we would like to outline a little more about a pedestrian’s responsibility regarding the “duty of care.” In discussing the pedestrian’s responsibility, this is not meant to critique or insinuate that the pedestrian in the accident mentioned above was not complying with these suggestions.
The “duty of care” is a defined by law.com as “a requirement that a person act toward others and the public with the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would use.” When someone fails to comply with this standard, then the person’s actions are considered negligent or reckless, and this will be taken into account in any resulting lawsuit. Essentially, this standard asks if you were acting as any reasonable person would? Did you do something stupid? If the answer is yes, you might not be operating within the duty of care.
Some everyday reckless actions taken by pedestrians, reported by findlaw.com, are:
- Ignoring the “walk” sign at a stoplight
- Crossing without a crosswalk
- Disrupting the flow of traffic when crossing the street
- Running out in front of an oncoming vehicle
Any of these actions could be seen as a departure from the duty of care standard and in states, like Utah, where there are contributory negligence laws, could be seen as you contributing to the cause of your own injuries.
- Remain calm and move out of the way of traffic
- Seek medical attention
- Keep the driver who hit you there with you
- Call the police
- Document the driver’s information including insurance info and driver’s license
- Take photos
- Share your side of the story with the police officers
- Start the insurance process
- Contact a personal injury attorney
Each of these recommendations can avert a potentially worse situation. For example, if you fail to note the driver’s insurance information and driver’s license, it will make the process of getting your medical bills paid much harder. The personal injury attorneys from The Advocates Law Firm can help you after your pedestrian accident. If you, for whatever reason, happened to miss any one of the suggestions above, we can help you know what to do.