Pedestrians can easily be severely injured in an accident, as they have none of the protections that drivers have. The definition of a pedestrian includes anyone who walks, jogs, hikes, or otherwise travels along the road on foot. Pedestrians may be injured while using crosswalks and sidewalks, but they also may be injured when crossing the road away from a crosswalk, walking down the shoulder of a road, or walking on a road. While it is a commonly held belief that pedestrians always have the right away, it is not true in every case. There are certain situations in which a pedestrian may be liable for their injuries.
Liability for Pedestrian Accidents
It isn’t uncommon that pedestrian accidents are caused by a careless or negligent driver who injures a pedestrian. If the driver violated a safety law, it is possible that the injured pedestrian may be able to sue the driver for negligence. Crosswalks and sidewalks are intended to protect pedestrians from drivers, but a driver who fails to stop for pedestrians or who drives on the sidewalk may be guilty of violating safety laws and can be held liable for the pedestrian’s injuries.
Pedestrians may sometimes be partially or wholly at fault for their injuries. Pedestrians have the right of way when they are observing pedestrian laws. Ignoring these laws, however, can leave them liable for their own injuries. Situations where this may occur may include:
- Jaywalking or crossing outside of a crosswalk.
- Walking along the road while intoxicated.
- Crossing against traffic signals.
- Walking in an area where pedestrians are forbidden.
In cases such as these, the pedestrian may be held partially or completely at fault for the accident, and may not recover the full amount of damages or any damages for their claim. For this reason, it is important to determine whether the pedestrian had the right of way during the accident.
If you have been injured as a pedestrian, it can be a challenge to recover compensation for your injuries. A highly rated Clearwater pedestrian accident attorney, Bryan Caulfield is ready to help you seek damages for your accident and he can help you protect your rights. You don’t need to face this trying time alone. Learn how he can help by requesting a free initial consultation.
Contact the firm by calling (312) 313-0234 and requesting to speak with Bryan.