If you have a penchant for traveling, chances are you'll have some idea of how you want to navigate a foreign country you want to visit. You may more or less get a feel of the area as a pedestrian and try various forms of transportation which, while appealing in on itself, may have some risks. Before you decide on your transportation allowance, try to consider some legal factors if ever you do have a pedestrian accident abroad.
According to the World Health Organization, at least 1.25 million people become casualties of road traffic accidents worldwide with nearly half the numbers coming from the "vulnerable road users" demographic, comprised of motorcycle and bicycle riders, as well as pedestrians. If not casualties, 20 to 30 million crash survivors end up with injuries and/or a disability as a result. Moreover, 90 percent of these crashes occur in countries with low to middle income, which means it's important to be at least more than aware of your surroundings when traveling abroad. If you do end up in a pedestrian accident overseas, here are some legal factors:
Be Wary of Negligence: Establishing Who Was At Fault
If you're a pedestrian and you're injured by a property defect or a vehicle, chances are you'll
likely be able to recover damages for the injuries you've suffered because of the accident. This is especially if your injury was caused by the negligence of someone else, as this means someone failed to do something they should've in a similar situation to protect others from risks that can be foreseen.
In a legal sense, proving negligence means being able to prove that the other party at fault:
- Was supposed to do perform a legal duty towards the plaintiff under these circumstances
- Hasn't done the legal duty through inaction or action, which is legally known as a "breach"
- The breach has caused an injury or accident that involves the plaintiff
- This accident or injury has harmed or injured the plaintiff afterwards
Be Reminded of Duties of Care
Given that there are means to establish negligence above, perhaps the most important thing to consider in pedestrian accidents abroad is to see just who exactly is to blame for the accident in the first place before deciding on a legal action. It's important to remember that both drivers and pedestrians have duties of care they should do in order to make roads safer for everyone.
- For instance, drivers have duties of care in relation to making sure they operate their vehicle properly to ensure the safety of others. Contributing factors to negligence include speeding, distracted driving, failing to use proper measures such as signals while turning, disregarding conditions of traffic, and even driving while under the influence of alcohol and/or drugs.
- Meanwhile, pedestrian duties of care include being able to take measures to help ensure they don't cause distraction to drivers and that they follow proper traffic regulations. Things pedestrians do that contribute to their negligence include darting in front of vehicles, failing to use crosswalks, disrupting the flow of traffic, and ignoring signals.
Traveling is indeed a fun activity, especially if you're going abroad to explore new places. However, it's important to remember that keeping yourself safe overseas is also a big part of making sure your trip remains enjoyable all throughout. If you do get involved in a pedestrian accident, the above tips may hopefully help keep your head in the right direction to get matters solved immediately.