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 The Law Office of Conrad W. Judy III, LLC 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.
