A pedestrian is a person who is walking in any of the 50 states (walking or running). The term “pedestrian” is defined in some states more broadly. In these states, people who travel on skateboards, scooters, or roller skates are considered pedestrians. People utilizing wheelchairs, tricycles, and bicycles are also considered pedestrians.
Drivers and pedestrians must share the road. Individuals driving motor vehicles, such as cars, trucks, and motorbikes, are referred to as motorists. When a driver hurts a pedestrian, there has been a pedestrian accident.
What Leads to Accidents Involving Pedestrians?
There are many different causes of pedestrian accidents. The driver may be at fault in some situations. A driver can hurt an innocent pedestrian if they drive too fast, are intoxicated while driving, or are not paying attention to their surroundings.
In other situations, the pedestrian is to blame. Like drivers, pedestrians must abide by all traffic laws and signs. A driver following the law on the road may hurt a pedestrian if they fail to do this.
Who Are the Most Likely Pedestrians to Be Hurt?
Pedestrians who don’t understand risk run a higher risk of getting hurt. These people include young people. For the same reason, pedestrians under the influence of drugs or alcohol are more likely to sustain injuries.
Injury risk is higher for people who have restricted or diminished movement. Senior citizens may be among these people. These people may also include people with physical limitations, such as those needing a wheelchair or a cane.
What Obligations Are Pedestrians Under the Law?
Pedestrians are subject to all applicable local and state traffic laws. These laws and guidelines forbid certain behaviors from pedestrians.
These actions could involve:
- A pedestrian “jumps out” into a busy roadway or other public space by “darting out” (running out) into it: The pedestrian enters the road from a place where the driver cannot see them, as from behind a tree.
- Jaywalking: When crossing a roadway, pedestrians must obey all traffic signs, lights, and regulations. Jaywalking is the act of crossing the street while the light is green. Jaywalking is the practice of crossing the roadway anywhere other than the designated “crosswalk” place. Due to jaywalking restrictions, a person is not permitted to cross a street when traffic is moving.
What Laws Govern Pedestrians on Public Roads?
Generally, if a sidewalk is present and can be used safely, a pedestrian on a roadway must utilize it. In general, a pedestrian must stay to the left of the road when crossing a street without a sidewalk.
The pedestrian must cross in front of oncoming traffic from the opposite direction. State rules require that when a vehicle comes from the other way, a pedestrian must move as far to the left as is practical.
How Can I Continue to Be Safe While Walking?
Even though it might feel like walking is extremely risky, there are steps you can take to reduce your chance of getting into a pedestrian accident, such as wearing bright clothing.
Avoiding evening walks is another approach to preventing accidents because more than two-thirds of fatal pedestrian accidents occur at night.
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Can a Pedestrian Walk on an Interstate or a Freeway?
Typically, it is against the law for pedestrians to jog, stroll, or run on freeways or interstates. It is particularly risky for pedestrians to do so because there aren’t any stop signs, traffic signals, or crosswalks. Generally, it is against the law for pedestrians to “hitch” or ask for a ride on motorways and freeways. A few exceptions to the law allow people to walk on a freeway or highway.
There are only emergency exceptions, like when a motorist’s car breaks down. Most states allow motorists and passengers to exit the freeway at the closest exit if their car has broken down on the side of the road.
Can a Pedestrian Who Has Been Hurt by a Motorist Recover Damages?
A pedestrian may file a negligence claim if they are hit by a careless driver while walking legally. To win, the pedestrian must demonstrate that the driver owed them a duty of care, which the driver disregarded. The injured pedestrian must demonstrate that the breach led to their injury. The injured pedestrian must demonstrate that they suffered losses in money or other forms of compensation.
In some states, pedestrian rehabilitation could be constrained. In states with “contributory negligence,” a pedestrian may not be able to sue for damages if they were at fault in the accident. According to some state laws, if the pedestrian is more than 50% at fault and the driver is less than 50% at fault, the pedestrian cannot sue the driver for damages.
In some states, referred to as comparative negligence states, a pedestrian hurt by a driver may be entitled to compensation if the driver was careless. The amount of the pedestrian’s negligence is considered in these states while calculating the reimbursement.
How Do I Pick the Best Auto Accident Attorney?
A car wreck attorney can significantly impact your case’s result if you have been hurt in an auto accident or would like to pursue a personal injury claim. A personal injury lawyer who focuses on motor accidents would be an auto accident lawyer. They must have previous experience managing instances like yours and those involving motor accidents. Additionally, it’s crucial to pick a lawyer you can pay while having faith in your financial situation.
Auto accident attorneys will examine the facts of your case to decide how to represent you effectively. They will review supporting documents and use their understanding of regional personal injury laws. The lawyer will also defend your rights while ensuring you fully comprehend any potential liability. They will also try to lessen any fines or penalties you might be subject to.
You will be better equipped to decide whether to engage a lawyer after meeting with them and going over your case. After the meeting, reflect on the following issues:
- Am I at ease working on my case with this attorney?
- Do I think they have the knowledge and abilities required to handle my case?
- Did they provide me with an understanding of the matters pertaining to my case? Do they use legal jargon that I don’t understand?
- Do I comprehend how my issue will be handled financially?
You can choose a lawyer for your auto accident case through several strategies. Since Google searches are speedy and produce multiple results, they will likely be many people’s first port of call. Another well-liked method of finding and selecting an attorney is asking individuals you know whether they have recommendations. Although less frequent, looking up a few people in the phone book might still be useful.
Getting in Touch with a Personal Injury Lawyer
One of the most terrifying sensations for a person is being struck by an automobile or hitting a pedestrian while driving. It can be very challenging to manage such an accident’s financial, physical, and mental effects.
Fortunately, you can deal with the inevitable litigation that is frequently a part of every personal injury accident with the aid of a personal injury attorney.
Use LegalMatch to find the right lawyer for your needs today.
