Determining Liability For A Pedestrian Accident That Does Not Involve A Crosswalk

The safest place to cross the road is at a designated crosswalk. But when a crosswalk is not available, you might be tempted to instead try to cross a multilane street. This is always a bad idea, especially if the street you are attempting to cross is very busy. Even if you are very careful and look both ways, a motorist might be reckless and you could be struck by a vehicle. 

The Risks Associated With Crossing a Busy Street

Drivers are often very distracted when operating their vehicles. Some drivers still use their cell phones while operating a vehicle despite laws against it. Most newer cars now have infotainment systems that can also be very distracting. Other drivers choose to drink and drive. These decisions can lead to the driver being less likely to notice you as you're crossing the street.

How to Cross When There Is No Crosswalk

When there is a crosswalk, you are expected to cross at the crosswalk. If there is no crosswalk, you will instead need to cross at the intersection. You should not try to cross the street when doing so could disrupt the flow of traffic and you should cross when the traffic is moving in the same direction as you.

For example, if you are traveling north, you should cross the intersection when the traffic is heading north and south but not when the traffic is heading east and west.

Comparative Negligence

If you are struck by a car while crossing the street, you may be considered partially at fault if your state is a comparative negligence state. In these states, each party could be held partially at fault and this can affect the amount of compensation you would be entitled to.

Because liability in these situations can be complicated, you'll want to consult with a pedestrian accident lawyer. They will go over the evidence related to your case and will give you advice on how best to move forward.

You Are Not Necessarily at Fault

The other party might argue that you were reckless when crossing the street, but your lawyer may be able to prove that the opposite is the case. For example, if you were crossing the street at the intersection in the correct way and the other driver was speeding or ran a red light, they might be considered fully at fault and you may then be entitled to full compensation for your injuries.

Contact a local law firm, such as Lawson Law, P.C., to learn more.