Pedestrian accidents can happen for a variety of reasons. The most common scenario where cars strike pedestrians is where there are no sidewalks or crosswalks, such that there is no designated place where drivers should expect to see pedestrians crossing the road or walking beside it. Instead, pedestrians just walk when and where they can. Most of the time, pedestrian-unfriendly factors do not occur one at a time.
Where there are insufficient crosswalks and sidewalks, there is usually often insufficient lighting. People who are walking in these areas are doing so because they do not have a safer way to get where they are going. The proportion of pedestrians who get struck by cars who are suffering from substance use disorder, mental illness, homelessness, or some combination thereof is greater than those factors in the general population. Likewise, drivers who do not notice pedestrians are usually often in a bad way; they might have suspended driver’s licenses or outstanding warrants against them, and they might be under the influence of alcohol or drugs.
Therefore, determining legal liability for a pedestrian accident is not always as simple as it sounds. If you suffered serious injuries after a car struck you while you were walking, contact a Santa Fe car accident lawyer.
Witnesses Say That Pedestrian Lay Down in Road Before Car Struck Him
One evening in January 2025, security personnel removed a homeless man from a restaurant near Alameda Road. The man began to cross Alameda Road on foot, but then he stood still in the middle of the road. As a car approached, the man lay down in the road, and the driver could not avoid hitting him. The driver pulled into a parking lot to wait for first responders, but once they arrived and attended to the pedestrian, he left the scene without answering questions from investigators. The pedestrian was pronounced dead at the scene of the accident. News reports did not publish his name or age.
The driver could face criminal charges for leaving the scene of an accident or for vehicular manslaughter, but even if he does not, he could be held liable for wrongful death in a civil lawsuit. If the road conditions were such that it was difficult or impossible for the driver to see the pedestrian standing or lying in the road in time to reduce his speed, the city could be legally responsible. It is even possible that the restaurant that kicked the man out could bear some responsibility if the man’s family can prove that the operators of the restaurant knew that they were sending him out into danger and did not make more of an effort to get him to his next destination safely.
Contact Slate Stern About Car Accident Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured as a result of car accidents. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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