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Reasons a pedestrian might be on a highway

You may think it is never a driver's fault if a pedestrian is hit on the highway, but that is not the case. In fact, there are many reasons for a pedestrian to be on a highway legally. For example, if someone was driving and wrecked his or her vehicle, then that person may be on the side of the road awaiting help.

When can a driver be held accountable for hitting a pedestrian?

It depends on the situation, but if there is time to notice the person and to slow down to avoid hitting him or her, then the person could file a negligence claim or personal injury claim and ask to receive compensation.

Why would a pedestrian be on the highway when it's typically off-limits?

Many times the pedestrians are walking or standing on the shoulder of the road when they are hit by a car. Sometimes, those pedestrians are there illegally. Others are there as a result of a car breaking down or being involved in an accident. A driver who isn't paying attention could swerve off the road and onto the shoulder, which would result in a pedestrian accident in those situations.

In other cases, the pedestrian may actually be on the road. For example, if the person was riding a motorcycle and was thrown off in an accident, he or she may be lying in the middle of the highway and waiting for medical help to arrive. This is why drivers should slow down and be on alert if they see an accident up ahead.

Source: FindLaw, "Pedestrian Accidents on Interstate Highways," accessed Oct. 18, 2016

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