Although they don't always have the right of way, pedestrians must be avoided by motorists. A driver must brake, swerve, or do any other evasive movements even if a person crosses the road without the right of way.
Many times, the pedestrian has the right of way and the driver hits them. In these situations, the pedestrian may seek compensation from the negligent driver. Continue reading for more on when the pedestrian has the right of way.
The most important step to take if you are a pedestrian injured in an accident is to seek medical care, after which you should seek legal help from an experienced pedestrian accident lawyer.
Brandon J. Broderick, Attorney at Law has experience in helping personal injury victims in New Jersey, New York, Connecticut, and the surrounding states. Call us immediately for help after an accident.
When Does A Pedestrian Have The Right Of Way?
Generally, when traffic is moving and the traffic light is green, pedestrians do not have the right of way. However, drivers are required to yield to pedestrians in many situations, including:
When the pedestrian has the signal to walk
A pedestrian has the right of way if they have the signal to cross the street. This means that a driver must come to a complete stop, allow pedestrians to cross, and only proceed when there are no pedestrians crossing or getting ready to cross.
Drivers are allowed to turn right even when the traffic light is red. They still must give the right of way to a pedestrian crossing with a walk signal.
When there are no signals at a crosswalk
Drivers are required to yield the right of way to pedestrians at intersections without traffic lights designating when they should cross the street. When deciding when to cross the street, a pedestrian must exercise caution, and cars must always yield to pedestrians using the crosswalk.
When a pedestrian crosses at a roundabout
Although anyone can get confused by roundabouts, drivers are always required to yield to pedestrians who are crossing the street at a roundabout.
When pedestrians are in a parking lot
Parking lots are common places where automobiles and pedestrians are in close proximity. Drivers need to be aware of pedestrians and take all reasonable precautions to avoid running into them.
Who Is At Fault In A Pedestrian Accident?
If you have been involved in a pedestrian accident, it is recommended that you consult with a pedestrian accident lawyer whether you believe the driver was the cause of the accident, but you are unsure of who had the right-of-way. A lawyer can help determine who is liable for damages.
They will do this through many steps, including:
- Witness statements
- Police report
- Video footage or photos
- Medical records
- Accident reconstruction experts
Due to many details being unique for each case, your lawyer will use any avenue they can to prove fault and prove that the other party is responsible for your injuries.
Should I Hire A Lawyer After A Pedestrian Accident?
A car accident lawyer can engage with the insurance company to ensure you get the best possible payout.
For a free consultation, contact us at the office of Brandon J. Broderick, Attorney at Law for legal help. There are no up-front costs when you work with one of our team's accident lawyers. We only get paid if we win your case, hence we operate on a contingency fee basis. You don't have to pay if we lose. Allow us to help you recover from your setback.