A pedal error crash unfolds in a heartbeat. A driver reaches for the brake, hits the accelerator instead, and a vehicle that should be slowing to a stop lurches forward with sudden force. These crashes are more common than most people realize. According to the National Highway Traffic Safety Administration, pedal error causes roughly 16,000 crashes each year in the United States, which works out to about 44 every single day. If you have been hurt in one of these sudden, violent accidents, a Norfolk car accident attorney from Shapiro, Washburn & Sharp can help you understand your options and pursue compensation.
How Pedal Error Accidents Occur
Pedal error isn't a single mistake; it's a category of mistakes. The NHTSA identifies three of the most common:
- The driver intends to press the brake but steps on the accelerator instead.
- The driver's foot slips off the edge of the brake and onto the accelerator.
- The driver means to brake but presses both pedals at the same time.
These crashes tend to happen at low speeds, precisely when a driver is trying to slow down or stop. Parking lots, driveways, intersections, and highway exit ramps are the most common settings. That timing is part of what makes them so dangerous. When a driver hits the wrong pedal while parking or creeping through a lot, the sudden, unexpected acceleration leaves almost no time to correct the mistake, and the vehicle is usually just feet away from a building, another car, or people on foot.
Who Is Most at Risk
Any driver can commit a pedal error, but the risk is not evenly distributed. NHTSA research found that drivers under 20 and over 65 experience pedal error crashes about four times more often than drivers in other age groups. For younger drivers, inexperience plays a role. For older drivers, changes in reaction time and the cognitive processing that governs which pedal to press can contribute. This does not mean these drivers are careless; it means the mistake is more likely, which underscores why familiarity with a vehicle and careful, deliberate driving matter so much.
These Crashes Are Preventable
One of the most important facts about pedal error is that these accidents are entirely preventable. NHTSA has offered practical steps drivers can take to avoid them:
- Know your vehicle, and in an unfamiliar car, note where the pedals are before starting to drive
- Aim your foot for the center of the brake and accelerator pedals
- Avoid distractions behind the wheel
- Drive slowly and deliberately when parking
- Wear appropriate footwear, such as flat-soled or lightweight shoes
Because the mistake is preventable, a driver who causes a pedal error crash can generally be held responsible for the resulting harm. A Norfolk car accident attorney will closely examine the circumstances to determine exactly how the crash occurred.
The Serious Harm a Pedal Error Can Cause
The damage from a pedal error crash, particularly a storefront accident, can be severe and far-reaching. A vehicle surging into a building can injure a long list of people at once: the driver, pedestrians walking nearby, customers shopping inside, and the business owners themselves. Even when no one is physically hurt, a storefront or building can suffer substantial structural damage. Because these crashes happen where people gather, a single moment of pedal confusion can turn into a multi-victim event.
Who May Be Held Liable
When a pedal error causes an accident, more than one party may bear responsibility, depending on the facts. A victim may be able to bring a claim against:
- The driver, if negligence behind the wheel caused the crash
- The vehicle's manufacturer, if a design or equipment defect contributed to the sudden acceleration
- The property manager, in certain circumstances involving unsafe premises or parking lot design
Whether the cause was a driver's negligence or a defective product, an injured person may be able to recover both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and compensation for permanent disability. Determining which parties are responsible and which insurance coverage applies is a significant part of these cases.
Our experience handling serious crash claims informs that work. In one matter, we secured a $525,000 mediation settlement for a client who suffered a traumatic brain injury along with shoulder and spinal injuries after being struck at a Virginia Beach intersection. Results depend on the specific facts of each case, but an outcome like that reflects the care we bring to proving both liability and the full extent of a client's harm.
Injured in a Pedal Error Crash? Contact Us Today
If you or a loved one has been injured in a pedal error crash, whether in a parking lot, at a storefront, or on the road, a Norfolk car accident attorney at Shapiro, Washburn & Sharp can review what happened, identify every responsible party, and pursue the full compensation you may be owed. Contact us at 833-997-1774 for a free consultation with one of our dedicated Norfolk car accident attorneys. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our experience to work for you and your family.
