Pedestrian Hit by Car in a Crosswalk Accident: Who is Liable
It’s easy to feel alone when you were a pedestrian hit by a car, but you are far from it.
In fact, 6,110 people were involved in non-fatal pedestrian accidents that caused injuries that required time off work in 2020.
If you recently have been involved in a crosswalk accident, you may be wondering who is liable for your injury. Read on to learn what hitting a pedestrian in a crosswalk means for all parties and how a crosswalk injury lawyer can help.
Who Is Liable for a Pedestrian Injury?
You likely have heard that pedestrians have the right of way. This is generally true assuming that there is a crosswalk where they are walking. In many instances, the light must also be on “walk” for pedestrians to have the unmitigated right of way.
However, different laws are in place depending on your state.
For example, in California and Washington, vehicles always need to yield to pedestrians in a crosswalk. However, pedestrians also cannot suddenly leave a curb in front of a moving vehicle.
In Nevada, pedestrians have the right-of-way when they obey traffic signals. It’s important to note that all intersections in Nevada are considered crosswalks or intersections regardless of whether they are marked. If a pedestrian is walking in a marked or unmarked crosswalk, the driver must yield. However, the pedestrian cannot dart into the street in front of a vehicle.
Regardless of your state laws, however, you likely had the right of way if you were walking at a designated crosswalk. You may be eligible for some compensation, so it’s best to talk with a crosswalk injury attorney about your situation.
What Are Your Rights as a Pedestrian Hit by a Car?
Assuming that you were not jaywalking, you have the right to fair compensation after being hit by a car. Note that jaywalking does not always mean crossing at any unmarked location. There are exceptions, so research your state laws and talk to a lawyer.
If you were walking on a designated crosswalk, you almost always have the right to compensation for your injuries if hit.
However, even pedestrians who were hit outside crosswalks can sometimes win settlements and lawsuits. This is true if you show that you were paying attention to the road and did not dart into the street. A distracted driver will also always be at fault.
What Compensation Can You Receive?
As with all legal cases, the compensation that you can receive after a pedestrian injury depends on your situation.
Some compensation you may be entitled to can include the following:
- Medical bills
- Lost income
- Pain and suffering damages
- Compensation if you no longer can perform your job duties
- Compensation for sustaining long-term disabilities (if applicable)
Settlement money comes from the at-fault driver’s liability car insurance. Your attorney will negotiate with their insurance company to reach the best possible settlement. The other driver will not be part of the settlement process – it will all go through their insurance.
Determining Liability
Who is liable when a pedestrian is hit by a car depends on the situation. In the vast majority of cases, it’s the driver. This means that you can almost always receive some form of compensation.
There is a duty of care that drivers owe pedestrians and vice versa. The duty of care is a legal obligation that each party is required to adhere to. This includes exercising reasonable care while performing acts that could potentially harm others, such as driving a motor vehicle. Drivers have a duty of care to maintain and operate their vehicles in a safe manner, obey traffic signals, look out for pedestrians, and try to prevent accidents. Pedestrians have a duty of care to cross the street safely, pay attention to their surroundings, and obey traffic signals.
To prove liability, an attorney will need to look at:
- Whether the driver/other party owed you a duty of care.
- Whether the other party breached the duty of care they owed you.
- Whether the other party’s negligence was a direct cause of the accident and your injuries.
If you were distracted and jumped directly in front of a fast-moving car, you may be partially liable for the accident as well. If the defendant’s lawyer can concretely prove that this happened, you will likely get less compensation.
Consulting with an attorney is the only real way to determine liability in your specific case.
Collecting Evidence
Attorneys dedicate themselves to gathering evidence of what happened before a settlement. For a crosswalk injury case, this usually means looking at security cameras pointed at the crosswalk.
However, it also can mean examining the site of the accident, talking with eyewitnesses, and looking at diagrams of how the collision took place. There are many ways to create a solid case to get you the maximum amount of compensation possible.
Your lawyer will also collect medical bills, documentation regarding missed wages, time off work, and more.
Negotiating With Insurance Companies
Alpha attorneys will then begin the settlement process. This means negotiating with the driver’s insurance company to get the best possible compensation.
This process can be challenging since the opposing party wants to pay as little as possible. However, experienced professionals know how to talk with insurance companies and have done so before. They know how to reach a fair settlement so that you get the compensation you’re entitled to.
Talk With a Crosswalk Injury Attorney
If you or a loved one have recently been a pedestrian hit by a car, there are ways to get compensation. Now that you know what to do after a crosswalk injury, it’s time to begin talking with an attorney.
Alpha Accident Lawyers’ qualified and experienced professionals are excited to assess your case. We’re committed to helping you obtain fair compensation after your crosswalk accident. Contact us to schedule a free consultation and case evaluation.
