When we think of accidents involving a pedestrian, we typically assume
the person behind the wheel is at fault. We’ve all heard the saying
“the pedestrian always has the right of way,” but is it law
or simply a saying?
No, pedestrians do not always have the right of way and they can be held
liable for an accident and their injuries if they acted negligently.
Imagine a pedestrian suddenly crosses the middle of the street, where there
are no signals, and a driver strikes them because they had no time to
react. A driver can argue that they obeyed all applicable traffic laws
while the pedestrian ran out in front of the vehicle, possibly making
the pedestrian liable.
Here are some ways a pedestrian can be found liable:
Pedestrians are only supposed to cross the street at designated crosswalks
where there is a light or stop sign. If a pedestrian jaywalks, they may
be liable for their injuries in an accident.
Ignoring Signals at an Intersection
Signals at an intersection are used to tell pedestrians when it is safe
to cross the street. If a pedestrian fails to obey a signal by walking,
even though they are not supposed to, they may be liable.
Walking in Prohibited Areas
There are many places where pedestrians are prohibited from walking, such
as tunnels without sidewalks, highway shoulders and toll bridges. Pedestrians
who are injured while on one of these prohibited roadways may be liable
because they are not supposed to be there.
Have you been injured in an accident with a pedestrian? If so, contact our
Longmont personal injury attorneys at Jorgensen, Brownell & Pepin, P.C. immediately. We can begin to
gather the evidence needed to prove the other party was liable for the accident.
Call (720) 809-8310 or
contact us online
for a free consultation.