Pedestrian rights and motor vehicle collisions

On Behalf of | Feb 6, 2021 | Motor Vehicle Accidents |

Motorists are not the only parties in car accidents who can seek legal recourse. Pedestrians have car accident rights too. Safety on the roads requires both pedestrians and motorists to act responsibly and within reason to avoid common hazards that are dangerous to them and others.

The law mandates that pedestrians have one year from the date of injury to file their claims. Once the deadline passes, accident victims lose the right to pursue compensation or hold the responsible parties accountable. There are exceptions, but they are dependent on circumstance. The law provides the following rights to pedestrian-car accidents victims.

Right to safe walkways

The law requires motorists to operate their vehicles safely and responsibly by adhering to all traffic laws, avoiding sidewalks and crosswalks areas. Some of those locations may involve traffic stops, signs and lights to help regulate the flow of pedestrian and vehicle traffic and prevent accidents. Motorists must follow road rules and traffic regulations to maintain pedestrian safety at crosswalks and sidewalks.

Right-of-way

Pedestrians may travel public access areas. Pedestrians have the right-of-way, even in off-limit areas. Motorists must stop their vehicles to allow safe passage for pedestrians. Pedestrians may have the right-of-way, but they must not intentionally engage in risky behavior that could impact road safety, such as darting out into traffic unexpectedly and ignoring traffic signals, rules and equipment.

Right to compensation

Pedestrian accident victims may sue for financial compensation to help them recover from their ordeals. Prove of injury alone is not sufficient to result in financial recovery. The law requires an examination of the facts to determine fault/negligence. In accident claims, the law assigns a fault percentage to each party. According to comparative fault law, the party with the highest level of fault is responsible for compensating the parties who have a lower percentage of fault. The amount of compensation is based on the determination of comparative fault law.

Car accidents involving pedestrians are preventable, but not always avoidable. Pedestrians should exercise caution when traveling in areas where there is traffic. Motorists should exercise due diligence when operating their vehicles to prevent accidents and serious pedestrian injuries.

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