In all too many cases, car vs. pedestrian accident results in a fatality. If the pedestrian was walking on the shoulder of a highway, or even in the road, the accident is often assumed to be the pedestrian’s fault. However, this may not entirely be the case. Even if alcohol is in the pedestrian’s system, the driver of the car is often guilty of some misfeasance as well.
Most accidents of this sort happen in the middle of the night, when visibility is low. However, a driver who is traveling at the posted speed limit on most roads should have a chance to see and swerve around someone who is walking too close to his lane. If he fails to do so, there is a high chance that he was speeding, inebriated, or both. When this is so, the driver is partially responsible for the accident even if the pedestrian was walking erratically. Because of these possibilities, Colorado Springs wrongful death attorneys should always be consulted by the pedestrian’s family to see if it’s possible to recover damages from the driver of the vehicle involved.
Alcohol is often a factor in these crashes because of the time they tend to take place: When people are usually leaving the bars for the night. Those who realize that they’re too drunk to drive often walk home, and this puts them at the roadside during low visibility hours. Unfortunately, some drunk people decide to go ahead and drive, and this puts them in the same place as the pedestrian. Speeding is often a factor as well, both because of the circumstances and the fact that the roads are often free of other cars late at night. All too often, this combination results in death.
If your loved one has died at the roadside or in the road, don’t let it go just because the driver’s story sounds plausible. Contact us and let us examine the facts. Chances are good that you have a case and can recover damages.