Though there is the common saying “pedestrians always have the right of way,” they still hold some responsibility in ensuring that a crosswalk is safe to proceed through. So in the case that you are involved in a crosswalk accident, you may be wondering who the responsible party or parties are. Continue reading to learn how fault is assigned in a crosswalk accident and how an experienced Landover auto accident lawyer at the Judy Law Firm can walk you through this.
Who may be responsible for a crosswalk accident?
Both drivers and pedestrians are expected to exercise a reasonable duty of care at intersections. For one, a driver is expected to obey the rules of the road when using the streets and highways. At the same time, a pedestrian is expected to obey traffic laws when using a crosswalk.
With that being said, a negligent driver may be responsible for a crosswalk accident in the following instances:
- A negligent driver runs a stoplight or otherwise fails to stop at a designated crosswalk.
- A negligent driver makes a turn on a red light in front of a pedestrian using a designated crosswalk.
- A negligent driver makes an illegal maneuver in front of a pedestrian using a designated crosswalk.
- A negligent driver is distracted while turning or proceeding through a crosswalk.
- A negligent driver is speeding while turning or proceeding through a crosswalk.
- A negligent driver does not conduct an adequate surveillance check before turning or proceeding through a crosswalk with an obstructed view.
On the other hand, a negligent pedestrian may be at fault for a crosswalk accident under the following circumstances:
- A negligent pedestrian does not stand on a sidewalk while waiting for the crosswalk signal to change.
- A negligent pedestrian does not wait for the crosswalk signal to change before leaving a sidewalk to enter a roadway.
- A negligent driver does not use a crosswalk (i.e., jaywalks) when leaving a sidewalk to enter a roadway.
- A negligent pedestrian is distracted (i.e., texting, listening to music, etc) when leaving a sidewalk to enter a roadway.
How can I recover damages after a crosswalk accident?
Nonetheless, if you believe that your crosswalk accident was due to no fault of your own, then you may have a personal injury claim on your hands. And if successful, you may be able to recover the following damages:
- The cost of your medical bills.
- The cost of your future treatments.
- The cost of your lost wages.
- Your mental and physical pain and suffering.
- Your loss of enjoyment of life.
- Your emotional distress.
Regardless of whether you were the driver or the pedestrian in your crosswalk accident, you must acquire legal representation from a skilled Landover Maryland personal injury lawyer before proceeding. Call us today.