The Role of Traffic Laws in Pedestrian Accident Cases
When a pedestrian accident occurs, one of the first steps in determining liability is analyzing the role of traffic laws. These laws establish the rights and responsibilities of both drivers and pedestrians, and violations can significantly impact personal injury claims. Understanding how traffic regulations influence pedestrian accident cases can help victims and their legal representatives build a stronger case. Let’s take a closer look.
Traffic Laws and Pedestrian Rights
Traffic laws govern pedestrian movement, including where they can cross the street and when they have the right of way. Some key rules that apply include:
- Right of way at crosswalks: Pedestrians generally have the right of way in marked crosswalks. Drivers must yield to them unless traffic signals indicate otherwise.
- Jaywalking laws: In many jurisdictions, pedestrians must use designated crosswalks. Crossing outside of these areas can reduce or eliminate a pedestrian’s ability to recover damages.
- Traffic signals and signs: Pedestrians must obey traffic signals, such as walk and don’t-walk signs. A pedestrian who crosses against a signal may be found partially or fully at fault for an accident.
Driver Responsibilities Under Traffic Laws
Drivers are required to operate their vehicles in a manner that prioritizes pedestrian safety. Some important driver obligations include:
- Yielding at crosswalks: In most states, drivers must stop or slow down for pedestrians crossing legally.
- School zones and residential areas: Special speed limits and heightened caution are required in areas with heavy pedestrian traffic.
- Avoiding distracted or impaired driving: Using a mobile phone, driving under the influence, or failing to pay attention increases the likelihood of pedestrian accidents.
The Impact of Traffic Law Violations on Liability
When a pedestrian accident occurs, violations of traffic laws can help establish fault. Some key factors include:
- Negligence per se: If a driver violates a traffic law (such as running a red light) and causes an accident, they may be automatically considered negligent under the doctrine of negligence per se.
- Comparative negligence: If both the driver and pedestrian violated traffic laws, fault may be divided based on the degree of negligence. For example, if a pedestrian was jaywalking but the driver was speeding, liability might be shared.
- Police reports and witness testimony: Law enforcement reports, traffic camera footage, and witness statements can help prove whether traffic laws were followed or violated.
Seeking Legal Recourse After a Pedestrian Accident
For victims of pedestrian accidents, proving fault based on traffic law violations is crucial. Seeking legal counsel can help in gathering evidence, interpreting applicable laws, and negotiating with insurance companies.
Compensation may cover medical bills, lost wages, and pain and suffering, depending on the extent of injuries and liability determinations.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by ArthurHidden on Freepik