HIT AND RUN ACCIDENT MADE WORSE BY AUTONOMOUS VEHICLE

A hit-and-run driver struck a pedestrian on October 2, 2023, tossing her into the path of a Cruise self-driving car that then drove over her. The collision is the latest traffic incident in San Francisco involving autonomous vehicles, a novel technology in which every possible mistake is scrutinized by city residents and officials. Cruise and its competitor Waymo operate fleets of robotaxis in the city with no human drivers present. The pedestrian was in critical condition as of Tuesday, Oct. 3.  

Cruise said in a statement that the human-driven vehicle struck the pedestrian while traveling in the lane immediately to the left of the Cruise car. “The initial impact was severe and launched the pedestrian directly in front of the AV. The AV then braked aggressively to minimize the impact,” Cruise said, using the abbreviation for autonomous vehicle. Photos published by the San Francisco Chronicle showed a Cruise car stopped with a body underneath its rear axle.

PEDESTRIANS v. VEHICLES

The pedestrian that was struck by a manned vehicle and then driven over by the AV was crossing the intersection at a time when vehicles had the right-of-way. According to NHTSA statistics, in 2021 there were 7,388 pedestrians killed in traffic crashes, a 12.5- percent increase from the 6,565 pedestrian fatalities in 2020. This is the highest since 1981 when 7,837 pedestrians died in traffic crashes. Below are additional statistics on traffic accidents involving pedestrians:

• In 2021 there were an estimated 60,577 pedestrians injured in traffic crashes, an 11-percent increase from 54,771 pedestrians injured in 2020.

• On average, a pedestrian was killed every 71 minutes and injured every 9 minutes in traffic crashes in 2021.

• Pedestrian deaths accounted for 17 percent of all traffic fatalities and 2 percent of all people injured in traffic crashes in 2021.

• In 2021 fifteen percent of the children 14 and younger killed in traffic crashes were pedestrians.

• In 2021 seventy percent of the pedestrians killed in traffic crashes were males.

Furthermore, nearly 1 out of every 4 pedestrians killed in traffic crashes in 2021 (23%) were struck by hit-and-run drivers, as was the case in the accident described above (the manned car drove away after the accident).

LIABILITY FOR PEDESTRIAN TRAFFIC ACCIDENTS

Georgia is a modified comparative negligence state. That means a pedestrian can be partially liable for the accident and still collect compensation. If the pedestrian is less than 50% at fault, they can receive a portion of their damages. The law bars the pedestrian from financial recovery if they are 50% or more at fault. For example, a pedestrian who is 20% at fault could receive 80% of their damages.

Examples of a pedestrian being partially liable for an accident with a motor vehicle include: distracted walking; ignoring traffic signals; intoxication; walking with headphones; intentionally distracting a driver. Likewise, distracted drivers, drivers who fail to follow traffic signals, and drivers who fail to yield to pedestrians can all be partially or wholly liable for an accident with a pedestrian.  

To establish driver liability in a crosswalk pedestrian accident case like the one above, the following elements must be proven:

• The driver had a duty to exercise reasonable care and caution while driving;
• The driver breached that duty by acting negligently, recklessly, or intentionally;
• The driver’s breach of duty was the proximate cause of the pedestrian’s injuries; and
• The pedestrian suffered actual damages.  

RECOVERY OF DAMAGES

Compensatory damages from pedestrian accident cases can be divided into two general categories:

• Economic Damages: These are direct monetary losses that the victim incurs, such as medical bills, lost wages, loss of earning capacity, and funeral and burial expenses (in the case of a wrongful death).
• Noneconomic Damages: These are losses that are real but intangible and more difficult to quantify. Examples may include pain and suffering, mental anguish, loss of enjoyment, disfigurement, personal injury, loss of consortium, and loss of comfort, guidance, and support.



CONTACT YOUR ATTORNEY

If you or someone you know has been injured in an accident with a motor vehicle, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.