Pedestrians do not always have the right of way, as the rules governing the right of way can vary depending on the situation and location. However, in most situations, drivers must yield to people walking to keep them safe and prevent injuries. If you have been involved in a pedestrian accident, contact an attorney immediately.
An experienced accident attorney working on your behalf is invaluable after a pedestrian accident. Pedestrians and motorists can each benefit from the knowledge and skill of an attorney. Contact a pedestrian accident lawyer now to learn more about your legal options after serious injuries.
Pedestrian Accident Statistics
According to the National Safety Council’s analysis of statistics gathered by the National Highway Traffic Safety Administration, fatal pedestrian accidents have increased over the past decade.
- Pedestrians aged 35 to 74 represent 19 percent of all traffic deaths.
- Pedestrians account for about 20 percent of all traffic deaths nationwide.
- Alcohol was involved in 42 percent of all pedestrian fatalities across the country.
- Children aged five to nine experience the fewest number of pedestrian deaths, which represent 16 percent of all traffic deaths for this age group.
Pedestrians are among the most vulnerable people who share the roads. Pedestrians and motorists should work to keep the roads safe. If you have been involved in a pedestrian accident, consult an attorney in your area to learn more about your options and legal rights.
When Do Pedestrians Usually Have The Right of Way?
Depending on the circumstances, pedestrians often have the right of way over motorists. Discussing the facts of the accident with an attorney to learn what challenges you might face after a crash is important. Here are examples of when a pedestrian might have the right of way in traffic.
Crosswalks
Pedestrians typically have the right of way at crosswalks. In most places, pedestrians have the right of way at crosswalks when they are legally crossing the street. Drivers are required to yield to pedestrians in both marked and unmarked crosswalks.
When the Pedestrian is Already in the Roadway
Vehicles must yield if a pedestrian has already started crossing the road legally. Failure to yield to a pedestrian can mean the motorist will face legal liability. Contact a lawyer to discuss liability if you have been involved in a pedestrian accident.
When Traffic Signals Indicate
Both pedestrians and motorists need to pay careful attention to the traffic lights to indicate the right of way. Pedestrians have the right of way when the pedestrian signal is in their favor (i.e., a “Walk” signal or green light).
When a Vehicle is Entering or Exiting a Driveway or Alley
Drivers must yield to pedestrians on sidewalks as they enter or exit driveways or alleys. Motorists should always pay careful attention to whether pedestrians are in driveways or alleys to avoid accidents.
If you are unsure whether the pedestrian in an accident had the right of way, contact an attorney and discuss the details of your accident. It is important to ensure you know who is liable for the crash to avoid taking responsibility for accident-related injuries you did not cause.
When Doesn’t a Pedestrian Have The Right of Way?
There are instances where the pedestrian does not have the right of way, but the motorist has the right of way. Here are some examples of when a pedestrian has the right of way in traffic.
Pedestrian Ignores the Traffic Control Devices
Pedestrians should pay careful attention to traffic control devices. Examples of traffic control devices can include “Do Not Walk” or yield signs. Failure to obey traffic control devices or signs will result in pedestrians not having the right of way in traffic.
Crossing On Highways or Areas Prohibited for Pedestrians
Pedestrians are expected to obey the crosswalk rule in their area. In areas where pedestrian access is restricted (i.e., highways), pedestrians are not given the right of way.
Jaywalking or Crossing Illegally
If pedestrians cross the street outside a crosswalk or against a traffic signal, they do not have the right of way. Jaywalking is against the law in most states, but does not automatically absolve drivers of liability for hitting someone walking.
Pedestrians are regularly wrongfully blamed for causing accidents by negligent drivers. Never accept wrongful blame if a car hit you. Contact a lawyer now to learn more about how to protect yourself and your legal rights after an accident.
How Can a Pedestrian Accident Attorney Help Me?
A pedestrian accident attorney can provide invaluable assistance after a crash, addressing the legal and financial challenges that often follow such incidents. Here’s how they can benefit you:
Evaluate Your Case
Many attorneys offer a free initial consultation to assess the merits of your case. Your attorney can investigate the circumstances of the accident to identify who was at fault, which may include drivers, government entities (i.e., for unsafe road conditions), or even manufacturers in the case of a vehicle defect.
Gather Evidence
Attorneys collect crucial evidence such as police reports, witness statements, traffic camera footage, and medical records. They may work with accident reconstruction experts to strengthen your case.
Assess Damages
An attorney will document your medical bills, rehabilitation costs, and future healthcare needs. Your pedestrian accident lawyer will calculate income lost due to your injuries, including future earning potential if your injuries affect your ability to work. Attorneys can quantify non-economic damages like emotional distress and diminished quality of life.
Negotiate a Settlement
Attorneys are skilled negotiators who will push for a fair settlement from the insurance company or at-fault party. They can counter lowball offers and advise whether to accept a settlement or pursue further legal action.
Represent You in Court
If a settlement cannot be reached, your attorney can file a lawsuit and represent you in court, advocating for maximum compensation.
Handle Communications
Handling communications from insurance companies and other parties can be a stressful part of the accident claim process. Your attorney will handle all communications with insurance companies, ensuring they do not take advantage of you or pressure you into accepting a low settlement. Your attorney will also communicate with the at-fault party or their legal representatives on your behalf.
Provide Peace of Mind
Handling an accident’s legal and financial aspects can be overwhelming, especially when recovering from injuries. An attorney takes on this burden, allowing you to focus on healing.
Some key benefits of hiring an experienced attorney include an increased likelihood of a higher settlement award, protection from common pitfalls (like accepting a settlement too soon), and knowledge in handling difficult legal and insurance processes.
If you have been involved in a pedestrian accident, consult an experienced attorney promptly to preserve your rights and build a strong case.
Unique Challenges In Pedestrian Accidents
Pedestrian accidents present unique challenges that differ from other types of motor vehicle accidents. These challenges arise due to the vulnerability of pedestrians, the nature of such accidents, and the complexity of proving fault or recovering compensation. Here are the primary challenges:
Recovery Challenges
Severe injuries can delay victims’ ability to pursue legal or insurance claims. The inability to work due to injuries adds financial strain, making timely compensation critical.
Lack of Awareness or Misunderstanding of Laws
Many drivers are unaware of laws requiring them to yield to pedestrians at crosswalks, and pedestrians may also be unaware of when they are legally required to yield to vehicles.
Legal and Procedural Rules and Hurdles
Compensation for pain, suffering, and loss of quality of life requires robust evidence and skilled legal documents. Victims may have limited time to file claims or lawsuits, which can be challenging if focused on recovery. Legal jurisdiction questions can arise if the accident involves a visitor or tourist.
Emotional and Psychological Impact
Pedestrian accidents can result in significant emotional and psychological distress, which is harder to quantify for compensation. Severe injuries may permanently affect a pedestrian’s quality of life, career prospects, or ability to live independently.
Insurance Complications
Pedestrians do not typically have insurance coverage for themselves, making them reliant on the driver’s insurance, which may have insufficient limits. If the driver involved is uninsured or leaves the scene, recovering compensation becomes more challenging.
Establishing Fault
Establishing fault might be difficult after a pedestrian accident. Accidents may involve not only the driver but also third parties, such as municipalities, for poor road design, malfunctioning signals, or obstructed visibility. Pedestrian accidents often lack clear evidence, especially if the victim cannot provide an account due to injuries.
Severity of Injuries
Pedestrians lack the protection that vehicle occupants have, making injuries more severe (i.e., traumatic brain injuries, spinal cord damages, fractures, etc.). Severe injuries often require long-term care, rehabilitation, or lifelong medical attention, making compensation calculations more complicated.
Examples of common injuries that result from pedestrian accidents include the following:
- Head injuries
- Spinal injuries
- Bone fractures
- Soft tissue injuries
- Internal injuries
- Chest and abdominal injuries
- Pelvic injuries
- Psychological injuries
- Fatal injuries
What Damages Are Available In Pedestrian Accidents?
If you are involved in a pedestrian accident, you may be eligible to recover damages to compensate for various losses and hardships. These damages typically fall into three categories: economic, non-economic, and, in some cases, punitive damages. Here is a breakdown:
Economic Damages
Economic damages are physical or tangible accident-related losses. These are measurable financial losses caused by the accident. Examples of economic damages include: emergency care, hospitalization, surgeries, medications, physical therapy, future medical costs for long-term injuries, lost earnings, decreased earning capacity, property damage, transportation costs, expenses for home care or assistance required due to permanent injuries, among other losses.
Non-economic Damages
Non-economic losses include the intangible or non-physical losses that victims might face after a pedestrian accident. These damages compensate for intangible losses that are harder to quantify. Examples of non-economic damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or disability
- Loss of consortium
Punitive Damages
Punitive damages are rarely awarded in accident cases. Punitive damages are less common and are awarded in cases where the at-fault party acted with extreme negligence, recklessness, or intentional misconduct. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future.
Wrongful Death Damages
If the pedestrian accident ended in death, then the victim’s family might be allowed to recover from your financial losses. Damages in a wrongful death claim can include the following:
- Emotional suffering of surviving family members
- Loss of companionship or guidance for family members
- Loss of financial support the deceased would have provided
- Funeral and burial expenses
Factors Affecting Damages
Some factors affect the availability and likelihood of collecting damages. Some important factors include the following:
Legal Representation
An experienced attorney can maximize the damages recovered in many ways, ensuring you never accept less than your rights entitle you to. The quality of your representation can often influence how much you receive.
Insurance Coverage
The at-fault driver’s insurance limits may cap the compensation amount, but your attorney can explore all avenues for compensation.
Degree of Fault
If the pedestrian is partially at fault, the insurance company might try to argue for a reduced damages award. Work with your attorney to defend against this claim.
Severity of Injuries
More severe injuries generally result in higher compensation due to greater losses.
How Can I Maximize Damages
Accident victims can take some of the following steps to try and maximize damages:
- Get medical attention immediately. Failing to get medical help or complete a treatment plan can give the insurance company a reason to avoid making a payment to you.
- Keep detailed records of the emotional and physical impact of the accident.
- Document all expenses, including medical bills and lost earnings.
- Consult a personal injury attorney to build a strong case, negotiate with insurance companies, or pursue litigation if necessary.
Contact a Pedestrian Accident Attorney Today
Contact an attorney today if you have suffered an injury in a pedestrian accident. You deserve to have proper legal representation after being injured. Do not delay. Call a personal injury lawyer now to learn more about the best way to get your life back on track after an accident.