Pedal Error Accidents- What to Do After the Crash

by | Mar 13, 2024 | Personal Injury

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Are pleasant rides in your car aiding you in tackling all of your stress and suffering?

Remember that it could also make you feel more stressed and worried.

Yes, your vehicle also poses serious threats, as you may not realize.

One such threat is pedal error accidents, one of the most frequent accidents in the United States.

In the majority of cases, not only inexperienced drivers but also experienced drivers are involved in pedal error accidents.

Have you experienced any pedal error accidents?

If so, are you aware of what to do in these situations?

If not, don’t worry; this blog is for you…

This blog provides comprehensive information about pedal error accidents as well as a clear picture of how to handle the situation after experiencing such accidents.

What is a pedal error?

A pedal error occurs when the driver steps on the accelerator when they are meant to hit the brake pedal.

Although these collisions generally involve moderate speeds, they can harm pedestrians or bikers critically. Storefronts may also be impacted on several occasions.

How frequently do pedal error accidents occur?

According to the NHTSA (National Highway Traffic Safety Administration) research, pedal error accidents can happen up to 16,000 times a year in the US, or about 44 times each day.

Where do pedal error accidents generally occur?

Parking lots are where pedal error accidents frequently occur.

According to a study of pedal-error accidents, parking lots and driveways were the sites of 77 percent of these accidents.

The majority of the remaining accidents occurred at junctions and highway exit ramps. Both situations are examples of inattentive drivers moving from one pedal to another.

What can cause pedal error accidents?

There are several ways in which pedal error might occur. Numerous factors include:

  • Inadvertently applying pressure to the wrong pedal.
  • The driver’s foot slides off of one pedal and onto the other.
  • Driver steps on both pedals simultaneously.
  • Drivers who have lost track of their feet.
  • Positioning the pedals in a place that is too narrow for them to be handled appropriately.
  • Poor footwear makes it difficult for the wearer to maintain control of the pedal such as high heels, flip-flops, bulky boots, or thick flat-soled shoes.

Any of these faults may result in the use of the pedal to produce an unexpected and abrupt acceleration. These drivers had the potential to cause a significant car accident since they were expecting brake pressure rather than full throttle.

How is the pedal error related to sudden acceleration?

Sudden acceleration is the word used to describe unintentional, unexpected, high-power acceleration at a very low initial speed when the driver tries to stop the vehicle.

The apparent lack of braking effectiveness is another use for the term.

Over the past 40 years, investigations into claims of similar instances by the NHTSA, NTSB, and others have found no vehicle faults that may cause rapid failures of both the throttle and brake systems.

These complaints have been related to a driver pedal error.

Over the past five years, field research by the NHTSA and others analyzed pre-crash pedal application data from car event data recorders.

They have revealed that drivers who thought they were using the brake in such situations frequently incorrectly pushed the accelerator instead.

Based on these investigations, the NHTSA has found no flaws in the cars that may explain the simultaneous failures of the throttle and brake systems.

Common injuries caused by pedal confusion

The injuries that might be experienced due to a confusing gas and brake pedal can range in severity, just like in any other vehicle accident.

The issue will depend on various elements, including the size and speed of the vehicle.

However, pedal confusion has been linked to both fatal and permanent injuries, such as:

  • Paraplegia
  • Brain Injuries
  • Quadriplegia
  • Spinal Curvatures
  • Third-degree Burns

How to avoid pedal error accidents?

The following are some of the tips that help you to avoid pedal error accidents:

Adjust the Seat—The driver’s height may lead to pedal error. It is critical to modify the driver’s seat so that your foot can reach the accelerator and brake pedals quickly and comfortably.

Proceed Slowly —Take care when backing out of and pulling into parking spots. Drivers are more likely to encounter pedestrians in parking lots and driveways.

Wear Right Footwear—Boots, high heels, and flip-flops can all lead to pedal mistakes and unintentional acceleration. When driving, wear proper, lightweight footwear.

Be Familiar—No matter what vehicle you are handling, take the time to adjust the steering wheel and side mirrors and ensure you know the safety features like the brakes, horn, windshield wipers, and danger lights are located.

Aim for the Center— Make it a practice to constantly press the brake pedal with your foot in the center. To strengthen muscle memory, concentrate on the brake pedal’s center.

What kind of persons are frequently found to be at fault for pedal error accidents?

While these incidents can happen to anybody, drivers under 20 or over 65 are more likely to be involved in pedal error accidents.

Older women are shown to be four times more likely than any other demographic to be involved in a pedal error accident.

According to the researchers, the brains of drivers under the age of 20 are still maturing, and the same neurological processes have begun to degrade in the old, resulting in identical driving blunders.

Older drivers may also lack feeling in their hands and feet, allowing them to push the wrong pedal while driving inadvertently.

Can drivers face license cancellation if they cause a pedal-error accident?

Drivers who make a pedal error and cause a car accident may face challenges to their driver’s license in many circumstances. This is undoubtedly salient for the elderly.

A pedal error might indicate that they cannot drive safely.

In some places, investigating police officers can report the accident to the state’s Department of Motor Vehicles (DMV).

The driver may subsequently be required to re-examine for their driver’s license by the DMV. If they fail this re-examination, they may forfeit their driving license.

Who can be held liable for injuries caused by pedal error accidents?

In a motor vehicle accident, the responsible person may be held accountable.

Even if a driver accidentally makes a pedal error, they remain more at blame than the uninvolved victim they injured.

The automobile insurance provider of the driver who pressed the pedal incorrectly is typically able to compensate the victims of these accidents.

Frequently, victims must make an insurance claim against the driver’s liability insurance coverage. This is crucial for accident victims who sustain severe injuries.

Are there any possibilities of product liability claims in pedal error accidents?

Yes, in some cases, it is possible to file a product liability claim when a faulty gas pedal creates accidents.

Typically, a pedal with a fault has either a design or manufacturing flaw.

  • Design flaws occur when an intended feature of the design is flawed. These flaws are on every gas pedal of that design.
  • Manufacturing flaws, on the other hand, occur while producing a particular gas pedal or batch of gas pedals.

Most states allow you to use a strict liability theory to pursue damages for manufacturing or design flaws.

This implies that you won’t need to provide evidence that the gas pedal manufacturer acted negligently during the design or production of the pedals. Instead, you’ll need to show that a product fault existed and that the defect resulted in your accident.

In contrast to a negligence theory, strict responsibility theory makes it simpler to prove the right to compensation.

However, in certain states, you must show negligence. You must specifically prove that the manufacturer owed you a duty of care and broke that duty of care, resulting in injuries and damages.

What can I do if I meet with a pedal error accident?

If any driver hits you by pushing the wrong pedal, you can file a personal injury lawsuit.

If your pedal error accident is caused by the defective pedal, you can file a product liability lawsuit against the manufacturer of that particular product.

Compensation claims 

In a pedal error accident lawsuit, a plaintiff can seek compensatory damages from a manufacturer, a mechanic, or any responsible person.

These compensations are intended to put the victim in the same situation they would have been in if they might not be harmed.

Economic or noneconomic factors may be involved. Punitive damages could be available when the defendants indulge in extreme lawbreaking.

Victims should consider contacting a lawyer from a respected law firm to get the compensation they deserve.

The significance of medical records in pedal error lawsuit

Medical records serve as evidence in any suit. It explains your condition before and after the accident. As a result, making your medical records accurate is critical to receive reasonable reimbursement.

Seek the assistance of a medical record review company for a better medical record review. Which will be more effective and time-saving?

To learn more about how to manage litigation similar to pedal mistake accidents, please visit our blog site medlegal360.

For a brief outline of the blog, kindly go through the following pin.


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