It seems like it should be easy to determine liability and right of way in a car accident involving a pedestrian, but it can be more complicated. While pedestrians do have the right away in many situations, there are times when they could be found liable for causing a car accident. It is important to understand the distinctions if someone is involved in an accident like this and wants to make sure the liable party is held responsible.
What Does “Right of Way” Mean?
Right of way determines who has to stop to give way to the other person on the road. At an intersection, for instance, the vehicles with a green light have the right of way, while turning vehicles must wait until it’s clear before they can go. Right of way does come into play with pedestrians, too. In general, a pedestrian will have the right of way in crosswalks and other places where it is legal to cross the road. In circumstances where there is a pedestrian hit by a car, it may be necessary to determine if the pedestrian or the driver had the right of way in that particular situation.
When Do Pedestrians Have the Right of Way?
Pedestrians have the right of way when they’re crossing the road in a crosswalk with the appropriate signal, if there is one. If there is not a signal, the pedestrian has the right of way to cross the street. Some crossing areas are unmarked, while others have visibility enhancements. In either case, though, as long as it is legal to cross at that intersection, the pedestrian is considered to have the right of way.
What Happens if Pedestrians Cross Illegally?
Though pedestrians do have the right to legally cross at most intersections, it is still possible to cross illegally. If there is a “do not walk” signal and the pedestrian crosses the road anyway, they are crossing illegally and may be liable if there is an accident as a result. A pedestrian may also be found liable for causing an accident if they are jaywalking. It is crucial for pedestrians to understand where and when they can cross the road and to make sure they are doing so safely, even if they do have the right of way.
Determining Liability for an Accident
When a pedestrian-car accident occurs, it is often necessary to determine liability, as this determines who owes compensation to the victim of the accident. If the pedestrian did not have the right of way, they can be found liable and may need to provide compensation to the driver for any damages or injuries. If, on the other hand, the pedestrian did have the right of way and the driver did not, the driver may be found liable. If this is the case, the driver would be responsible for providing compensation to the injured pedestrian.
Crossing the road should be done safely, following all of the pedestrian laws put in place for their safety. However, accidents can and do occur, and when they do, it may need to be determined who had the right of way and, therefore, who is liable for the accident. If you’ve been injured as a pedestrian in a pedestrian-car accident, speak with a lawyer to determine liability and to seek compensation for your injuries.
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