Many accidents in which a car strikes a pedestrian are not the result of carelessness, at least not entirely. Yes, the same risk factors that make a driver more likely to strike another car also make drivers more likely to strike pedestrians; these factors include excessive speed, cell phone distractions, alcohol, and drugs. Besides these, there is another set of factors that expose pedestrians to additional risks of being hit by cars, even when the drivers and the pedestrians are using reasonable caution. For example, pedestrian accidents are more likely in areas without sidewalks or crosswalks. It is even more dangerous when there is no road shoulder, and the side of the road is right up against the grass.
Poor lighting is another risk factor; pedestrian accidents are more common at night. Unfortunately, there are many places in New Mexico that have insufficient streetlights, sidewalks, and pedestrian crosswalks. If you got hit by a car when you were walking outside in New Mexico at night, contact a Santa Fe car accident lawyer.
Elderly Couple Struck by Car in Taos While Walking to Church for Christmas Eve Mass
In the evening, on December 24, a couple in their 80s was walking to a church in Taos for Christmas Eve Mass, when a car struck them. The 86-year-old woman was killed, and her 85-year-old husband sustained serious injuries. The driver who caused the accident was 16 years old and had only recently gotten a driver’s license.
Vicarious Liability, Premises Liability, and Other Legal Doctrines That Do Not Restore Beloved Relatives to Life
Regardless of whether the young driver gets criminal penalties for causing the accident that ended a couple’s decades-long marriage and deprived a family of its matriarch, the surviving family members have the right to seek compensation for their losses by filing a wrongful death lawsuit in civil court. Given the circumstances of the accident, there are several possible defendants for the civil litigation, and several possible legal concepts that might apply.
Vicarious liability holds that the owner of an item of property is legally responsible for injuries caused by their property, and that parents are legally responsible for injuries caused by their minor children. Therefore, the victims’ families may file a lawsuit against the parents of the teen driver who caused the accident.
Another legal doctrine that might apply in this case is premises liability, which states that the owner of a piece of land or a structure is legally responsible for injuries caused by unsafe conditions on their property. In this case, the victims’ family may file a lawsuit against the city if inadequate sidewalks or street lighting were a contributing factor in the accident.
Contact Slate Stern About Car Accidents Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured in car accidents in New Mexico, in which a car struck a pedestrian. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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