Pedestrian accidents are among the most devastating types of auto accidents. This is because a pedestrian has little protection against the force of a moving vehicle. So if you were a pedestrian involved in a crosswalk accident, you may be wondering how to assign liability. Read on to discover who is liable for your crosswalk accident and how a seasoned Pike County, KY pedestrian accident lawyer at Shane Hall Attorney at Law, PLLC can help you in determining this.
Who is liable for my crosswalk accident?
Most often, crosswalk accidents are a result of a driver’s negligence. A driver can show such negligence in any of the following ways:
- They run a red light while a pedestrian is using the crosswalk.
- They turn at a red light while a pedestrian is using the crosswalk.
- They make an illegal maneuver at a red light while a pedestrian is using the crosswalk.
- They are proceeding through an intersection while distracted (i.e., texting, navigating a GPS, etc).
- They are recklessly proceeding through an intersection (i.e., speeding, ignoring traffic signs, etc).
However, there are rare occurrences where a fault cannot be assigned to a driver or a pedestrian. Such outside elements are as follows:
- There were mechanical issues in the vehicle involved.
- There was a faulty traffic control device at the intersection.
- There was a closed sidewalk or crosswalk due to construction.
- There were hazardous weather conditions at the time of the accident.
How do I ensure that liability is not assigned to me?
Before bringing your personal injury claim forward, you must confirm that your crosswalk accident was due to no fault of your own. To ensure this, you may ask yourself the following questions:
- Did I ensure that I stayed on the sidewalk while waiting for the crosswalk signal to change?
- Did I ensure that the crosswalk signal changed to “walk” before proceeding?
- Did I ensure that I stayed within the crosswalk’s barriers when proceeding?
- Did I ensure that I was free of distractions (i.e., texting or listening to music) when proceedings?
If the answers to the above are “yes,” then you may continue forward with your case. And as far as your insurance claim goes, you will want to ensure that you do not accidentally assign blame to yourself. That is, you will want to ensure that you stay away from language such as, “the vehicle came out of nowhere.” Doing so may just affect how much financial compensation you receive, if any.
To better prepare for your insurance claim and upcoming legal proceedings, you must consult with a competent Pike County, KY auto accident lawyer. We look forward to hearing from you.