Who Is Liable for a Pedestrian Accident on an Easement?
Did you know that pedestrian fatalities account for 18% of all crash fatalities? The 2023 number of pedestrian deaths was still 14.1% above pre-pandemic levels. Pedestrian accidents can be complicated, especially when they occur on an easement.
The most dangerous city for pedestrians in the United States, the city of Tennessee, has the highest pedestrian fatality rate per capita, with 13.4 deaths per 100,000 residents. According to pedestrian accident attorney Brian Van Allen, to identify liability, property ownership, pedestrian behavior, and third-party involvement must be assessed.
And if the accident was caused by a poorly maintained sidewalk or an obstructed pathway, the party responsible for upkeep may be held liable. The easement agreement, local regulations, and accident circumstances can also affect liability. Driver liability will be considered too.
Whether you’re a pedestrian seeking compensation or a property owner facing liability, the following factors can help you understand pedestrian accident liability on easements:
Definition of Easements
Easements grant the right to use someone else’s property for a specific purpose, such as walking across a private path to access a public area.
These legal rights can be different in other states in the US. For example, in North Carolina easement laws, property owners are typically responsible for maintaining safe conditions on easements, ensuring visitors aren’t exposed to unnecessary risks.
If a pedestrian is injured on an easement from hazardous conditions, such as uneven surfaces or poor lighting, the property owner may be liable for the resulting damages. Yet, the specifics of each case can vary, and it’s necessary to consider factors like the extent of the property owner’s control over the easement and their duty of care towards pedestrians.
Duty of Care for Property Owners
Property owners must protect pedestrians on easements. This role includes keeping the easement safe and addressing pedestrian dangers. Property owners should frequently check the easement for uneven surfaces, garbage, and other hazards.
Property owners should install easement lights, ensure pedestrian and driver visibility, and designate potential risks with warning signs to prevent accidents. Safety concerns must be addressed immediately by property owners to reduce danger. If a pedestrian is hurt on the easement owing to the property owner’s negligence, they may be liable.
Pedestrian Responsibility on Easements
You must remain vigilant and aware of your surroundings when walking on easements. Stay on designated pathways and avoid wandering onto private property adjacent to the easement. Stick to the defined route to reduce the risk of accidents and conflicts with property owners.
Follow any posted signs or warnings to prevent accidents. Always yield to vehicles when crossing driveways or intersections along the easement. Make yourself visible to drivers by wearing bright or reflective clothing, especially in low-light conditions.
Be cautious of hazards like uneven surfaces, overgrown vegetation, or debris on the easement path. Keeping a safe distance from ongoing maintenance activities on the easement is also advisable.
Liability of Third Parties
Third parties, such as property owners adjacent to the easement, may be held liable if their actions or negligence contributed to the pedestrian accident. For instance, if a property owner fails to maintain their portion of the easement’s safety, leading to a hazardous situation for pedestrians, they could be deemed responsible for any resulting accidents.
Third parties, like maintenance companies or contractors hired to work on the easement, may also bear liability if their work directly causes a pedestrian accident. Suppose a maintenance crew leaves debris or equipment obstructing the easement, leading to a pedestrian tripping and getting injured.
In that case, the maintenance company could be held accountable for the accident.
Legal Recourse for Pedestrian Accidents
If you have been involved in a pedestrian accident, you may pursue compensation through various channels. One common route is to file a personal injury claim against the party responsible for the accident. This could be the vehicle’s driver, a property owner, or another party whose negligence led to the incident.
If the accident occurred on a public road or sidewalk, you may seek compensation through a government entity or insurance program that covers such incidents. Gather evidence, such as witness statements, medical records, and police reports, to support your compensation claim.
If negotiations for a settlement are unsuccessful, you may need to escalate the matter to a civil court, where a judge or jury will decide on the appropriate compensation based on the evidence presented.
Seeking legal advice from a knowledgeable attorney specializing in personal injury cases can help you handle the complications of the legal system and improve your chances of obtaining fair compensation for your injuries.
Conclusion
In pedestrian accidents on easements, property owners need to maintain their easements to guarantee the safety of pedestrians. Pedestrians must also exercise caution when using these pathways. If an accident does occur, legal recourse may be available to determine responsibility and seek compensation for any injuries or damages.
