What You Must Know About Pedestrian Accident Laws

What You Must Know About Pedestrian Accident Laws

Pedestrians are protected under pedestrian laws, and the pedestrians and drivers must obey these laws. However, the pedestrians must avoid violations of any traffic laws and cross the street through crosswalks provided by the county or city. A failure to comply could lead to a pedestrian-related accident that could produce serious injuries. Reviewing important details about these laws shows victims where to start and explain their rights.

Proper Signals and Crosswalks

All pedestrians must follow traffic signals and use the crosswalk properly. If they fail to obey these traffic laws, the pedestrian is entering the roadways of their own risk. They could also face comparative fault rulings if they try to sue motor vehicle drivers that hit them. These laws are in place to lower the risk of pedestrian accidents and enforce traffic laws. Typically, the signals allow pedestrians to cross the roadways when traffic light stop drivers. All parties must obey the traffic lights and signs to avoid accidents and avoidable accidents. However, if the pedestrian followed the laws and was injured, they can start a legal claim by visiting Jacoby & Meyers right now.

Well-Defined Crosswalks and Issues

If the crosswalk markings aren't defined clearly, this could create confusion for the pedestrians and motor vehicle drivers. It is the responsibility of the county or city to maintain the road marking to ensure that all parties can see the lines clearly on the road or on the sidewalk. If they injure a pedestrian because the road markings weren't defined properly, they could deem a county or city official liable for the accident and injuries. If this happens, the victim has one year to sue the official, and they must have evidence of negligence. This may include images of the faded crosswalk and faulty traffic lights. It is often difficult to file a lawsuit against an official directly, and some attorneys may recommend filing the claim against the city or county instead.

Yielding the Right of Way

Drivers and pedestrians must yield the right of way to prevent an accident. When automobiles are moving on a roadway, the pedestrian must wait until the traffic signals stop the vehicles, or they must wait until all vehicles have passed before trying to cross the roadways. The individual must remain on the sidewalk until they are preparing to cross the road. They must take all safety precautions to prevent an accident.
Drivers must yield the right of way in areas that are marked clearly for pedestrians such as the entrance of a shopping center or store. They must also obey the speed limits in these areas to avoid hitting an individual walking in these areas. If the driver breaks the law, they are liable for any injuries they cause, and they could be the defendant in a lawsuit if they do not provide compensation through an insurance claim.

Restrictions for Major Highways

They do not allow pedestrians to cross major highways for any reason, and there are signs that show pedestrians these exclusions. Any pedestrian that enters a busy highway illegally cannot seek damages from a driver if an accident happens. State laws prohibit all pedestrians from entering these areas for a specific reason, and a violation of the law forfeits their rights to sue the driver.

Common Laws about Alleyways

All motor vehicles must stop when pedestrians are walking around in alleyways. Speed limits in these areas are reduced to the slowest speeds to lower the risk of a pedestrian accident. The drivers must yield the right of way for pedestrians and cannot hit these individuals accidentally or intentionally. State laws provide ample protection for these pedestrians, and the driver could face serious penalties for the criminal infraction. The laws also require pedestrians in these areas to wear clothing that is easier to see at night to lower their risks of a collision.

Hit and Run Pedestrian Accidents

Hit and run pedestrian accidents are criminal offenses, and the state could charge the driver with higher crimes. Fleeing the scene of an accident is a criminal offense itself, and the individual could receive an extensive prison sentence and hefty fines for the crime. If the victim dies as a result of the hit and run, the state can charge the driver with vehicular homicide.

Law enforcement can use traffic camera footage and surveillance footage from local businesses to find the vehicle and get information that leads them to the driver. If a driver hits a pedestrian accidently, it is recommended that they contact law enforcement to report the accident. Surveillance footage could support the claim that it was an accident and prevent the driver from facing jail time. But if they leave the scene, all bets are off.

What to Expect When Filing a Claim

The victim must provide medical records for their accident injuries and invoices for all their medical costs. The documentation helps them present their case in the court. New York is a no-fault state when it comes to auto accidents, but pedestrians have rights that superceed the exceptions. Claimants receive a monetary award for all financial losses if they win their claim.

Could the Driver Face Criminal Charges?

Criminal charges are possible for DUI, involuntary manslaughter, and any other charges that could apply in a pedestrian accident. The court charges the driver through a separate criminal case for these infractions.
Pedestrians must follow all traffic laws to prevent an accident. The state installed traffic signs and crosswalks around major cities to lower these risks and keep pedestrians safer. However, if the pedestrians don't follow the law, they are placing themselves at risk and could lose a monetary award based on comparative fault rulings. Drivers must also obey traffic laws and avoid pedestrians in designated areas where crosswalks are provided. Hit and run accidents are a commonality with pedestrian accidents, and the driver can receive additional charges for leaving the scene of an accident. Reviewing pedestrian laws prepares individuals who were injured by a motor vehicle driver while crossing the street.