Road Users And Manufacturers Share Responsibility In Avoiding Pedestrian Accidents

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Road Users And Manufacturers Share Responsibility In Avoiding Pedestrian Accidents
(Photo : Road Users And Manufacturers Share Responsibility In Avoiding Pedestrian Accidents)

In the US, there are over  6,000 pedestrian deaths each year, a number which has grown steadily over the past 30 years. Advanced car technology and safety features on all types of vehicles are helping to prevent or reduce the severity of collisions. However,  pedestrian accidents are common, and even with the use of autonomous features and detection systems, it is important that all road users remain vigilant to avoid injury and liability. 

Alerting Pedestrians To Electric And Hybrid Cars

Electric vehicles are becoming more common, and there are currently around 1.5 million electric vehicles on the roads in the US. As well as standard features and safety systems, electric and hybrid cars also offer  fuel economy and lower emissions. An additional benefit initially was the lack of noise pollution created by their quieter engines. This feature, however, has had the unexpected consequence of making them hard to detect by pedestrians. All drivers must give right of way to blind or partially sighted pedestrians with a white cane or guide dog, but, up to now, drivers of quiet electric vehicles have had to be even more vigilant. In response, new legislation requires manufacturers to include a  mechanism to emit noise at low speeds in order to alert pedestrians to their proximity. 


Night Visibility Effects Pedestrian Deaths

Blind spot alert, autonomous braking and pedestrian detection systems are further additions to all types of vehicle that can assist drivers in completely  avoiding or reducing impact in pedestrian collisions. The AAA has found, however, that some detection systems are not reliable in the dark, which is when 75% of pedestrians are killed. When accidents occur, it is easy to apportion blame solely to drivers, as collisions tend to result in serious injuries to pedestrians and relatively minor damage to cars. However, if pedestrians fail to ensure they are visible to drivers without a reliable nighttime detection system fitted, they could find themselves being held partly to blame for their injuries, or even damage to the car. In these circumstances, the Comparative or Contributory Negligence system will split liability according to the percentage of fault. 

Self Driving Cars And Joint Liability

Many standard vehicles now include autonomous elements such as cruise control and lane-centering steering, and although full adoption of self-driving cars may still be some way off,  1400 self-driving cars are being tested on the roads. However, in order to avoid liability issues, car manufacturers are very careful not to claim that these vehicles can drive themselves. This implies that operators of the vehicle must remain vigilant, and indeed, in the case of a pedestrian death in Tempe in 2018, both the driver's complacency and the car's failure to stop were cited as causes of the accident. Researchers are now working on a model that outlines the interactions between lawmakers, manufacturers, vehicles and drivers in order to devise a joint fault-based  liability rule to regulate self-driving in the future.   

Advanced car technology could drastically lower the number of accidents on the road. However, it is important to understand how this technology could affect liability in an accident, and for drivers and pedestrians to continue to remain alert and vigilant on the roads at all times.

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