As a pedestrian, it is vital to understand your rights and responsibilities when sharing the road with vehicles. Many people presume that pedestrians always have the right-of-way. However, the reality is more complex than that. While pedestrians do have certain rights and protections under the law, they don’t have the right-of-way in every situation.
If you have been injured in a pedestrian accident caused by a motorist’s negligence, don’t hesitate to contact our resourceful pedestrian injury attorneys at Kash Legal, who are committed to resolving your claim favorably.
What Does Right-Of-Way Mean for Pedestrians?
In the context of pedestrian accidents, “right-of-way” refers to the legal right of a pedestrian to proceed safely through a particular area, typically a crosswalk or an intersection, without being impeded or endangered by vehicular traffic. The right-of-way laws vary from state to state, but in general, pedestrians have the right-of-way at:
- Marked crosswalks and intersections, even if there are no traffic signals or stop sign present
- When crossing a street at an unmarked crosswalk, particularly if the pedestrian is already in the roadway or if a driver has made eye contact and indicated that the pedestrian could cross
If a vehicle hits a pedestrian exercising their right-of-way, the driver may be liable for the accident. However, pedestrians are also responsible for exercising caution and paying attention to their surroundings to ensure their safety. If a pedestrian is found to have contributed to the accident by acting recklessly or negligently, they may be found partially or wholly at fault for the accident.
Circumstances When Pedestrians Don’t Have the Right-of-Way
Some notable instances when the pedestrian can be legally considered reckless or negligent in their actions include:
- When a pedestrian is crossing the road outside a marked crosswalk or intersection
- If a pedestrian is jaywalking
- If a pedestrian is walking or running on a roadway where pedestrian access is prohibited, such as a highway or freeway
- If a pedestrian obstructs traffic flow, such as standing in the middle of the road or crossing against a signal
Additionally, both pedestrians and drivers should always be cautious and vigilant by following specific rules and regulations to ensure road safety. These include:
- Pedestrians must obey traffic signals and cross the road only when the signal indicates that it is safe
- Pedestrians must also cross the road in a straight line and not suddenly step into the path of an oncoming vehicle
- Drivers should always look out for pedestrians, especially in areas where pedestrians are likely to be present, such as in residential areas, crowded areas, and near schools or parks
- Pedestrians must be aware of their surroundings and take steps to ensure their safety, such as wearing reflective clothing when walking at night
Both drivers and pedestrians must understand their responsibilities and follow the rules of the road to ensure everyone stays safe. By working together, we can all do our part to make the roads safer for everyone.
Have You Been Injured in a Pedestrian Accident?
Suppose you have been involved in a pedestrian accident due to someone else’s negligence. In that case, consider taking the following steps to improve your chances of getting the compensation you deserve:
1. Seek Medical Attention
Even if you feel fine, seek medical attention as soon as possible. In most cases, superficial injuries may seem minor but can worsen if left untreated. Also, get a detailed medical report of your injuries from the doctor.
2. Contact Law Enforcement
Call the police to report the accident. They will create an official report and document the scene, which can be crucial evidence later when filing a lawsuit against the liable party.
3. Gather Information
If you can, collect the names, phone numbers, and addresses of any witnesses, as well as the driver’s name, contact information, and insurance information. Also, take photos and videos of the accident scene.
4. Consult an Attorney
It is wise to consult with a personal injury attorney. They are in a better position to help you understand your legal rights and guide you in pursuing compensation for your injuries.
Keep records of all medical treatments, bills, and any other expenses related to the accident. This information will be helpful in your lawsuit when seeking compensation.
Being involved in a pedestrian accident can be a traumatic experience, but taking these steps can help protect your rights and ensure that you receive the proper medical care and compensation for your injuries.
Consult With an Experienced Pedestrian Accident Lawyer at Kash Legal
If you have been involved in an accident as a pedestrian, it is crucial to seek legal assistance to understand your rights and options. Kash Legal has a team of seasoned personal injury attorneys dedicated to serving your best interests. Additionally, with our no-win, no-fee guarantee, you don’t have to worry about paying legal fees unless we win your case and get you the compensation you deserve.
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