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With summer being in full swing there are many pedestrians out and about spending as much time soaking up the sun as possible. This can be a very dangerous time for walkers in big cities as well as small towns. Knowing the traffic laws is very important for drivers and pedestrians alike. When a pedestrian gets hit by a moving vehicle that is where things can get tricky. One question always arises, “Who was at fault.”
The answer to this question can vary, it really depends on who had the right of way in the situation. It is a common myth that pedestrians always have the right of way. Pedestrians in the crosswalk at intersections with lights must wait for their light allowing them to cross. In other cases, such as crossing in front of a school or mall, it is expected that vehicles will slow down and yield the road to pedestrians. Any other case when there is a crosswalk and not a light to signal when to stop or go for the pedestrian’s vehicles are also expected to allow pedestrians to pass.
Some other variables play into this as well, such as whether the driver was texting, speeding, ran a red light, or was under the influence. In the same breath, we can ask if the pedestrian was texting or walking in traffic, or even if they were under the influence as well. Trying to figure out who was at fault in one of these cases is the hardest part of filing a claim.
‘Pedestrian versus Driver’ cases are a grey area and if there is a lack of evidence, they can become even that much more unclear. The best thing to do in the instance that you have been hit by a vehicle and are looking for a personal injury claim would be to get representation. While it is possible for a pedestrian to handle a claim without a lawyer, in most cases it can be extremely difficult to do it on your own. You will have to get all the evidence to prove that you were not at fault, nor could you have helped avoid the contact with the vehicle and be sure that fault is not in dispute.
If you or a loved one have been hit by a vehicle you may have a personal injury case on your hands. Jan Dils, Attorneys at Law, has a team who deals exclusively with Personal Injury cases with great knowledge. Please do not hesitate to contact us for a free consultation.
Jan Dils, Attorneys at Law