Robert Thompson Injured in Fayetteville, AR, Pedestrian Accident
Fayetteville, AR -- January 26, 2017, Robert Thompson was injured as the result of an accident in which he was struck by a car while walking.
The Fayetteville Police Department responded to the accident scene around 7:15 p.m. near the intersection of Martin Luther King Jr. Boulevard and South Buchanan Avenue.
52-year-old Thompson was attempting to cross MLK at an area where there was no crosswalk. As he did so, a Honda Fit traveling eastbound did not see him in time and struck him in the roadway.
Thompson sustained critical injuries in the collision, and he was taken to a nearby hospital for treatment. The driver was not harmed.
Authorities did not issue any citations or charges relating to the accident. No additional details are available.
Map of the Area
When it comes to pedestrian accidents, there are a few misconceptions that I've come across in the past. One of these misconceptions is that pedestrians always have the right of way. This is absolutely not true--crosswalks and traffic signals exist for a reason. The other misconception is that when a pedestrian violates a vehicle's right of way, then the pedestrian is at fault for the accident. This also isn't necessarily true. Whatever the accident is, determining who is liable for the accident comes down to context.
Our firm has had several cases in the past where the victim was a pedestrian who failed to yield the right of way to a vehicle--walking in the road, crossing without a signal or a crosswalk, etc. Most people think that if this is the case, then the pedestrian is to blame. However, it is necessary to also determine the actions of the driver in these cases. Just as pedestrians owe a duty to follow traffic laws, drivers owe a duty to avoid accidents if at all possible.
For instance, let's say a pedestrian is standing in the middle of the road. If it's broad daylight, the road is flat, and there is nothing obstructing a driver's view, then reasonably that driver would be able to see the pedestrian well ahead of time. They should have enough time to either stop or drive around the pedestrian. A driver that fails to do this when reasonably possible is most likely engaging in some sort of negligent behavior themselves.
Sometimes drivers are texting, speeding, driving drunk, or otherwise impaired or distracted while driving. In these cases, drivers often leave themselves little time to react to situations they would normally be able to avoid. If this is the case, then things are not as simple as "who violated whose right of way?" Now the question becomes, "whose negligent actions was most responsible for the victim's injuries?" Determining this sort of thing requires very thorough, independent investigations. The details uncovered by both sides will have to be compelling enough to convince a jury who is ultimately liable for the damages resulting from the accident.
--Grossman Law Offices