Legal Rights Of Pedestrians Injured In Crosswalks
Accidents involving vehicles and pedestrians are all too common, despite the expectation that there should be a reasonable level of safety when pedestrians use crosswalks. Whether due to distracted driving, speeding, or failure to yield, these incidents can leave pedestrians with serious injuries and long-term consequences. When a driver is at fault for striking a pedestrian, the injured party has legal rights to seek compensation for medical expenses, lost wages, and other damages. Our friends at Pioletti Pioletti & Nichols can attest to the legal protections available for pedestrians involved in these accidents.
Right Of Way And Traffic Laws
Pedestrians generally have the right of way in marked crosswalks, meaning drivers must stop and allow them to cross safely. State laws vary, but in most cases, failing to yield to a pedestrian in a crosswalk can result in fines, points on a driver’s license, or even criminal charges if serious injuries occur. Traffic signals and pedestrian crossing lights also play a role in determining right of way. Pedestrians must obey traffic signals, just as drivers must stop at red lights. When both parties follow the law, crosswalks remain safer.
Establishing Fault In A Pedestrian Accident
There are several factors to consider when determining who is responsible for a pedestrian accident. While drivers often bear liability for failing to yield or for driving distracted, there are instances where pedestrians may share some level of fault. If a pedestrian steps into traffic unexpectedly or crosses outside of a designated area, their ability to recover full compensation may be affected. Surveillance footage, accident reports, and witness statements are critical in establishing what happened and who is responsible. A pedestrian accident lawyer can help examine the details of an accident to determine liability and available legal options.
Compensation For Pedestrian Injuries
Pedestrians injured in a crosswalk accident may be entitled to financial recovery for their medical costs, rehabilitation expenses, and lost income if they are unable to work. Pain and suffering, emotional distress, and long-term disability may also be factored into a legal claim. The extent of compensation depends on the severity of the injuries and the level of fault assigned to each party. In cases where a pedestrian is partially responsible for the accident, compensation may be reduced under comparative fault laws.
Insurance Coverage For Pedestrian Accidents
Most pedestrian injury claims involve the at-fault driver’s auto insurance policy. Liability insurance typically covers medical bills and other damages, but if the driver is uninsured or underinsured, recovering compensation can become more challenging. In such cases, an injured pedestrian may need to rely on their own insurance policy, particularly if they have uninsured motorist coverage. Filing a claim and negotiating with insurance companies can be difficult, especially when dealing with injuries, so legal assistance can be beneficial in these situations.
Time Limits For Filing A Claim
Pedestrian accident claims must be filed within a specific timeframe, known as the statute of limitations. The deadline varies by state but generally ranges from one to several years from the date of the accident. Missing this deadline can result in losing the ability to seek compensation. Filing a claim as soon as possible allows time to gather evidence, consult legal professionals, and explore all available options.
Preventing Accidents At Crosswalks
To reduce accidents, both pedestrians and drivers must play an active role. Drivers must remain attentive, follow speed limits, and yield when required. Pedestrians can increase their safety by using marked crosswalks, waiting for traffic signals, and remaining visible in low-light conditions. Wearing reflective clothing at night and avoiding distractions while walking near traffic can help reduce the risk of accidents.
While pedestrian accidents in crosswalks remain a concern, legal protections exist to hold negligent drivers accountable. Those injured in these incidents have options to seek compensation and recover from the challenges caused by their injuries.