I was crossing the street at an unmarked crosswalk when I was struck by a car. Have I Got a Case?
Even if there is a pedestrian crossing sign, drivers are not necessarily to blame for collisions involving pedestrians at designated and unmarked crosswalks. It can be challenging to make a strong case against the motorist in situations when a pedestrian has broken a traffic rule, such as legislation against jaywalking.
Do I Need a Lawyer for a Pedestrian Accident?
You may be entitled to compensation if you were wounded while using a “unmarked crosswalk” to cross the street. Whether the driver is liable or if there is additional obligation depends on the particulars of your situation. For this reason, an experienced lawyer is a useful resource at the beginning of the process.
How Can a Lawyer for Pedestrian Accidents Help Me?
A knowledgeable pedestrian accident lawyer will:
- Analyze the accident case’s facts.
- Give specific instructions on whether you have a legal claim, and
- How to move forward
What Separates a Marked from an Unmarked Crosswalk?
How Do Crosswalks Work?
A crosswalk is, technically speaking, a segment of road where street intersections take place. It is a component of connecting or extending sidewalk boundaries. This applies to both designated and unmarked crosswalks, which are indicated by warning signs.
An Unmarked Crosswalk: What Is It?
At an intersection, unmarked crosswalks link the edges of the sidewalk. Any location where two roads meet at a right angle is affected. There is an unmarked crosswalk between each corner of the intersection that connects the sidewalks, if you picture a four-way stop where two roads meet with walkways on their borders and form a roughly right angle.
Does Every Pedestrian Crossing Give Pedestrians the Right of Way?
The right of way for pedestrians when crossing at an unmarked cross may not always be evident. In a clearly defined crosswalk, pedestrians always have the right-of-way, although traffic signs have the power to prohibit pedestrian crossings. The right of way is not always guaranteed in unmarked crosswalks. Legal issues relating to injuries from incidents at unmarked crosswalks can be more challenging because state-specific driving laws differ.
How Do You Prevent a Collision in an Unmarked Crosswalk?
Drivers are required to drive safely and with reasonable care. Pedestrians must give way to vehicles if they don’t use a crosswalk to cross. If drivers do not stop or slow down for a pedestrian, they may be held responsible for an accident that results in a collision.
Reckless and careless driving
If the motorist who injured you engaged in traffic violations, they might also be held accountable for reckless or negligent driving. Examples consist of:
- Speeding
- Drunk or intoxicated driving
- driving while distracted
Are Unmarked Crosswalk Accidents Subject To Shared Liability?
Sharing of responsibility is possible. Both state legislation and the specifics of your case must be considered.
Law on comparative negligence
Laws governing comparative negligence limit the damages in accordance to the plaintiff’s own degree of fault. There is no minimum level of fault in states with pure comparative negligence, such as California. For instance, the plaintiff may be entitled to compensation for up to 90% of the total losses even if they are determined to have contributed 10% to their own injuries. This is significant in disputes involving crosswalk accidents since pedestrians could be partially at blame.
Law changes relating to comparative negligence
States with modified comparative negligence, like Oregon, are distinct. There, the plaintiff’s percentage of fault is limited to 50%. For instance, the plaintiff cannot receive ANY compensation from the defendant if they are found to be 51 percent at fault for the accident. They may, however, be entitled to compensation if they are just 50% at blame or less.
A Unmarked Crosswalk Injured You? For advice, speak with a pedestrian accident attorney.
The law requires pedestrians who attempt to cross a street at a location other than a clearly marked crosswalk to yield to oncoming traffic. So, if a car hit you at an unidentified crosswalk and you were hurt, you might be entitled to financial compensation.
Cases involving unmarked crosswalks are inherently complicated, and the amount of compensation you might be eligible for depends on the specifics of your situation. To succeed, you’ll need a wealth of legal knowledge, experience, and expertise. As a result, a lawyer is a useful tool at every level.