Who is usually at fault in a crosswalk accident?
Accidents are usually inevitable on the roads. They can happen anywhere at any given moment. Like any other accident that always involves a pedestrian being hit by a vehicle, crosswalk accident can be very dangerous. A pedestrian beside been hit by the vehicle can also hit his or her head on the pavement due to the impact as they fall, which may potentially cause severe brain injury.
Many people believe the pedestrian has the right of way and that the driver is at fault. Therefore, it might seem reasonable to assume the driver was wrong in a crosswalk accident. But in a real sense, the liability in such kinds of accidents can become more complicated. Here are some of the possible breakdowns of weakness in the event of a crosswalk accident.
Driver at faults
Under different state laws, drivers are required to yield to the pedestrians at the intersections areas and in marked crosswalks. Unfortunately, many drivers fail to observe the crossing pedestrians and end up hitting them, causing severe accidents. In most cases, this takes place when a driver is trying to turn left at the intersection. They always focus so much on looking for a gap in the oncoming traffic and failing to watch out for the oncoming pedestrian on the cross street.
Pedestrian at fault
Sometimes so many pedestrians fall into the trap of assuming that they are right to cross the road on the crosswalk and that they are safe. The truth is, as you cross the road on a crosswalk, as a pedestrian, you are not automatically having the right of way just because you are using the crosswalk. You will still be responsible for yielding to the oncoming vehicles as appropriate and use the crosswalk safely.
As a pedestrian, you will be found guilty of an accident at the crosswalk if. Firstly, you enter the crosswalk at the stoplight before you are given the walk signal or before the light change to provide you with the green light. Secondly, you fail to look out and yield to the drivers who are already in the process of crossing the intersection when the light changed for you to cross. And lastly, you stepped out in front of the traffic at the crosswalk, and the driver on the other side did not have time to yield to you.
Government at fault
In some rare instances, the government may become liable for the crosswalk accident that takes place when they fail to remedy some area known for dangerous intersections. The government has to install signals in such dangerous intersections to make them safer for crossings. If an accident happens in such places and there is no clear indication, you can find a good lawyer and file for compensation to sue the government for compensation.
In any kind of traffic road accident, multiple parties in a particular incident or accident can share the liability depending on what role they play in causing the accident. For instance, when a pedestrian started to cross the road and did not bother first to observe both ways if they are clear and then a speeding car suddenly hit them. Since both the pedestrian and the driver made mistakes, they can all be said to have been wrong and play a role in that particular accident.
Finally, if you have been involved in a pedestrian accident ad sustain some injury, ensure that you consult with an experienced lawyer who handles pedestrian accident cases to help you determine your liability and schedule a consultation with them.