Crosswalks were made as safe walking spaces for pedestrians crossing the street. Yet, pedestrian crosswalks accidents still occur. This is even despite there being strict traffic laws and increased enforcement efforts throughout Florida.
Thus, pedestrians still face the risk of sustaining serious injuries or dying. In 2019, for example, 6,205 pedestrians were killed in traffic accidents. Some of these people died due to crosswalk accidents, and, just one death from a crosswalk accident is one death too many.
At Hancock Injury Attorneys, we want all Floridians to feel safe when they cross the road. That’s why here, we give a legal insight into right-of-way issues in pedestrian crosswalk accidents.
Keep reading to learn more about pedestrian right-of-way issues, and remember, always look both ways before you cross the street.
The Right-of-Way Issue
All motorists must give pedestrians the right-of-way at crosswalks. But, in marked crosswalks with working traffic control signals, pedestrians must follow the signals. In crosswalks without working traffic signals, the pedestrian’s right-of-way depends on their position in the street.
Also, when the roadway has an overhead pedestrian crossing, the pedestrian must give all motorists the right-of-way and the same goes for if there is a pedestrian tunnel. Besides, when pedestrians cross other areas in a roadway, their pedestrians’ right-of-way does not apply.
Pedestrians crossing the road at any area other than a marked crosswalk must give motorists the right-of-way. Likewise, pedestrians crossing at an intersection with an unmarked crosswalk must do the same.
The Issue of Fault and Its Effect on Recovering Damages
Pedestrians injured in crosswalks accidents usually question whether their actions during the accident will affect the compensation they can recover. The answer is yes, injured victims can contribute to their own injuries. This can reduce their compensation, even when they can prove that the defendant was negligent.
What’s most significant to establishing liability is the percentage or degree of fault that a court will attribute to the parties involved in the accident. This is regardless of whether a motor vehicle driver crashed directly or indirectly into a pedestrian. Depending on the circumstances of the crosswalk accident, fault can be assigned to one party or allocated among many parties.
The state law strongly favors pedestrians’ right-of-way rules. Yet, to prove fault for the accident-related damages, enough evidence is necessary to support the injured victim’s claim.
But proving fault for pedestrian crosswalk accidents isn’t always easy. This is especially true if the defendants and their auto insurance providers are intent on disputing the issue.
In some cases, defendants may admit their fault for an accident. But, this scenario is usually limited to cases where the presented evidence and facts to prove fault is indisputable. In most cases, defendants will dispute the fault for the accident to limit the amount of financial compensation the claimant can receive.
Talk to Our Experienced Tampa Pedestrian Accident Lawyer Now
When you cross the street at a marked crosswalk, you expect to make it to the other side, not to end up in a hospital bed. Having a skilled Tampa pedestrian accident lawyer handle the legal aspects of your case is crucial to proving fault and maximizing your financial compensation. Attorney Mike Hancock of Hancock Injury Attorneys has over three decades worth of experience fighting for the rights of people like you.
If you or a family member has been seriously hurt in a pedestrian accident, then contact us. You can reach our firm at 813-915-1110 or send in a short form online to schedule your free consultation. When you hire us to represent you in your legal claim, you don’t have to pay a dime unless we win your case. Let us handle the heavy-lifting of your legal claim so that you can focus on your recovery.