It is a sight we have all seen when out on a walk or bike ride. We stop at an intersection only to notice the car that pulls up to make a right hand turn in front of us does not even notice we are there. Thankfully, we notice. We stop. We wait. If we had not, we would likely have gotten hit.
Unfortunately, kids are not always as perceptive.
It is not uncommon for a child to heed the walk signal and begin to cross. After all, the child followed the rules. The little one waited his or her turn and went when the signal changed. Children, and even some adults, may not make eye contact with the driver to ensure they are seen before stepping in front of a turning vehicle. This can lead to catastrophic injuries for pedestrians, particularly children.
A recent piece by Slate delves into this issue. The publication discusses common causes of car accidents in today’s tech heavy world. One of the biggest concerns: rolling right hand turns and the impact on pedestrians. These accidents cause six percent of all pedestrian fatalities. Over twenty percent of these deaths involve children. Even with tech advances, the number is on the rise.
It is true that the driver is likely liable if he or she hits a pedestrian. Drivers owe a duty of care while operating their vehicles and failing to see a pedestrian in a crosswalk would very likely violate this duty since driving in one direction while looking in another does not meet this expectation. As such, an injured pedestrian would likely have a strong case against the driver for any resulting damages.