If you aren’t sure who is at fault in a pedestrian accident, you aren’t alone. Pedestrian right-of-way accidents have the potential to be complicated. In general, motorists are legally liable for accidents involving pedestrians. What matters most is that you ask a Chicago personal injury attorney for legal guidance.
The Truth About Pedestrian Right of Way Accident Liability
Both motorists and pedestrians have responsibilities when using the roads. Though automobile operators are to yield to pedestrians, there are some exceptions to the rule. If a pedestrian is entering a crosswalk or in a designated crosswalk space, he or she has the right of way. A driver who fails to yield the right of way to such a pedestrian is negligent.
Though some are unaware of it, pedestrians must follow traffic signals that guide crosswalks and automobile traffic. The failure to obey such signals can lead to movement in the path of an automobile in which the pedestrian is negligent.
What About Non-crosswalk Situations?
Consider a situation in which a pedestrian attempts to cross a road without a crosswalk. If there is no marked crosswalk, the pedestrian is legally responsible for yielding the right of way to automobiles.
Another common point of concern is walking along the edge of a road. If a sidewalk is available, pedestrians are to walk it. However, if there is no sidewalk, pedestrians are to use the road’s shoulder or the outside edge of the street.
Automobile Operators Have a Duty of Care
Here’s what matters most: drivers owe a duty of care to pedestrians. Every driver is to do his or her best to avoid contact with a pedestrian. If a pedestrian is entering a driver’s path, the driver is to warn him or her with the sound of a horn and also through braking.
Drivers must come to a complete stop before entering a crosswalk, permitting all pedestrians to cross without contact. Vehicles adjacent to and behind the vehicle approaching the crosswalk are also required to slow and stop to permit foot traffic to move through.
The failure to provide pedestrians with due care has the potential to result in an accident. A negligent claim can result. Negligence is a word commonly used by attorneys to refer to the failure to provide due care to pedestrians, bicyclists, and others.
Can an Injured Pedestrian Be at Fault?
There are some situations in which a pedestrian hit by an automobile can be found legally liable for the incident. As an example, if a pedestrian walks outside of the crosswalk lines or jaywalks without using a crosswalk, such an action is negligent.
Moreover, pedestrians who cross the street against the crosswalk’s designated traffic signal are also legally liable for ensuing accidents in which they are struck. Furthermore, if the pedestrian is drunk, high, or otherwise inebriated, he or she might be considered at fault for the accident.
Learn More During a Consultation With Our Chicago Personal Injury Attorneys
Have you been hit by a car? If so, don’t suffer in silence. Our Chicago personal injury attorneys will review your case and pursue financial compensation on your behalf. We’ll compile evidence and develop a legal strategy to recover compensation for your pain, suffering, lost wages, medical bills, and more. Reach out to us today to schedule a consultation.