It can be difficult to determine the rights of an individual in a pedestrian accident. More so, the many wrong assumptions about this do not help matters. This article will discuss the responsibilities and rights of trekkers and drivers while explaining how things work.
Meanwhile, your jurisdiction also determines how these rules play out. Therefore, you might want to talk to a pedestrian accident attorney in your jurisdiction if you have been in a pedestrian accident. They can help you understand your rights and also help you pursue compensation from the at-fault party if you are a victim.
How Pedestrians Right-Of-Way Rules Work
Unlike motorists, pedestrians having the right of way is not automatic in every situation. It is up to drivers to act according to discretion, like trying to avoid a collision even when they are right. According to attorney Christopher Largey, here’s how the rules regarding a pedestrian’s right-of-way work:
- A trekker has the right of way when they are in a crosswalk, whether it is marked or not. This does not, however, mean a trekker should jump in front of oncoming traffic
- The right thing to do as a pedestrian is to look first to ensure the roadway is clear before entering the street
- Motorists should yield to a visually impaired person who walks into a crosswalk with a cane
- Pedestrians should follow the “Walk/Do Not Walk” electronic signals, traffic signs, and crosswalk guidance
The Pedestrian Right-Of-Way: A Driver’s Obligations
Motorists must be vigilant of walkers and bicyclists, especially when driving through an area with many of them. Even if driving at the recommended speed, drivers must slow down to allow pedestrians time to stop or pass. Furthermore, vehicles must not infringe on the boundaries of the crosswalk when stopping, whether or not there are pedestrians present.
Additionally, drivers must make every reasonable effort to avoid crashing into a pedestrian, even if the latter breaks traffic rules. A car, on the other hand, is only permitted to drive on a sidewalk if it is the only means of crossing the street. These are only a few of the obligations of a driver as far as pedestrian right-of-way is concerned.
Pedestrian Accident Cases: Fault Determination
More often than not, both the driver and pedestrian are at fault in a pedestrian accident case. However, the fault is typically greater on one side than the other, although the victim still receives their compensation. Under the comparative negligence rule, the victim may still get compensation, but their percentage of fault reduces it.
In California, for instance, the pedestrian injured in the accident must prove a few things. First, they must prove that the driver had a legal duty of care toward them, which they violated. Meanwhile, although breaching a duty of care translates to negligence, that violation must have caused the accident for them to be at fault.
In addition, not only must their negligence have caused the accident, but the victim must also have sustained injuries. The victim of a pedestrian accident case must prove all of these to win their personal injury claim or suit.
Seek Professional Help
Were you hurt in a pedestrian accident and do not know your rights or how to proceed? We recommend talking to a pedestrian accident attorney in your jurisdiction; they can explain your rights to you.
Personal injury attorney Christopher Largey says, “Hiring a lawyer in your area is important, as they understand best how the law works in your state. Then, they can use that knowledge to win you the best compensation possible in your case.”
End Note
Surviving a pedestrian accident is challenging. You may need medical attention, face mental and emotional trauma, and have other issues. On top of that, if you have to file a personal injury claim and handle legal procedures, the entire process becomes overwhelming. Besides seeking professional help, you must do your due diligence to ensure a positive outcome.
