Who Is Liable for a Pedestrian Accident on an Easement?

The pedestrian fatalities account for 18% of all crash fatalities. With respect to 2023, pedestrian deaths still stand 14.1% above pre-pandemic levels. Dealing with motor accidents involving pedestrians can get quite complex, especially if the event happened in an easement.

A major question, if a pedestrian accident occurs on an easement, tends to be about liability. The tricky part about easements is that they are areas that may be used by people but are controlled or owned by somebody else.

Such circumstances can make it confusing to know who should be held liable. According to pedestrian accident attorney Brian Van Allen, a driver is almost always at fault for hitting a pedestrian and will absorb liability for the resulting damages. Liability is influenced by factors such as land ownership, pedestrian behavior, or the involvement of third parties.

Let’s identify all possible liable parties for your accident so you can properly safeguard your rights.

Definition of Easements

An easement is a right given to use the property of another for some specific purpose, such as walking across a private path to reach the public area. The laws concerning such matters may differ in other states across America. 

For example, under North Carolina easement laws, the party who holds an easement has an obligation to maintain it in a reasonably safe condition for protecting visitors or users who would otherwise be reasonably exposed to risks. 

A person injured in the easement can claim damages against the property owner if the injury is caused by the presence of a dangerous condition, like an uneven surface or insufficient lighting. Liability depends on the case’s facts, like how much the owner controls the easement and the duty owed to pedestrians. 

Duty of Care for Property Owners

The protection of pedestrians along easements is an obligation of the property owners. One responsibility of those who hold easement rights is to keep it clear of any potential hazards to pedestrians. Property owners should inspect an easement for any uneven surface, litter, or other hazards.

Easement lighting must be installed for pedestrians and motorists to have visibility. Adequate lighting can constitute an early-warning sign against mishaps. 

Property owners must manage any hazard that comes to their notice immediately to mitigate any possible risk to pedestrians.

Pedestrian Responsibility on Easements

When walking on easements, keep your eyes on the road. Follow only designated pathways and don’t venture onto neighboring private property. Staying on an established route will reduce the number of accident-related conflicts with property owners.

Make sure to follow any signs so you won’t be in an accident. Yield to vehicles at driveways and intersections that may run along the easement. When it is darker, put on some highly visible reflective clothing for safety. 

Watch out for hazards like uneven surfaces or perhaps overgrown vegetation and debris lining the easement path. Try to maintain a safe distance whenever any active maintenance is being carried out on the easement.

Liability of Third Parties

Third parties, like adjoining property owners of easements, could be sued for damages if their actions were found to be a trigger for pedestrian injuries.

For example, an easement property owner may be held negligent if he or she fails to maintain that person’s portion of the easement in a reasonably safe manner, thereby creating a hazard and resulting in an accident.

Companies and contractors hired to maintain the easement might also be held liable under the guidelines if their actions directly cause pedestrian accidents. For example, if maintenance personnel leave debris or equipment on the easement and thereby cause someone to trip and injure themselves, then the maintenance company will be liable for the accident.

Legal Recourse for Pedestrian Accidents

If you are involved in a pedestrian accident, through a variety of available ways, you can pursue compensation. One common method would be filing a personal injury suit against whoever else caused the accident.

In case the accident happened on a public road or sidewalk, you could have compensation from a government entity or through some adverse incident insurance program. Compile witness statements, medical records, police reports, and so on to claim compensation.

In case negotiations fail, the case will be dragged further into the civil court, where a judge or jury will fix the amount of damage. 

Engaging an experienced personal injury attorney to negotiate the complexities of the case can be a worthy investment for fair compensation in an injury claim situation.