Pedestrians who are in crosswalks have the right of way, except for when they cross against a “do not walk” sign at a light-controlled intersection. This means in the vast majority of cases, the driver is likely to be liable for crosswalk accidents.
In most accidents that occur between cars and pedestrians, the driver will have the liability insurance that will cover injuries to the pedestrian, up to the limits on the policy. As the pedestrian, you would then make a third-party claim with the insurance company of the driver who was at fault in the accident. You can also then file a personal injury claim against the driver and their insurance provider will then have to step in.
There are some rare circumstances in which the pedestrian could be at fault. We already mentioned a pedestrian crossing in a crosswalk but against a traffic control signal. That’s the only situation in which the pedestrian crossing in a crosswalk will be found liable for an accident.
All other circumstances of pedestrian fault happen outside crosswalks, including jaywalking, attempting to cross a freeway or highway (or other location where pedestrians are not allowed), and attempting to cross certain types of roadways without traffic controls.
There are also some circumstances in which both the pedestrian and the driver can share blame, although again, this typically will not occur in accidents that happen within crosswalks. But in jaywalking accidents, for example, a driver could still bear some responsibility if they should have been reasonably able to avoid colliding with the pedestrian.
For more information about liability in pedestrian accidents, contact a trusted Bradenton, FL auto accident lawyer at Goldman, Babboni, Fernandez & Walsh.