If you have been injured as a pedestrian in an accident that occurred while you were in a crosswalk, you might have questions about liability and how to proceed with an injury claim.
Pedestrians crossing in a marked crosswalk always have the right of way, unless the “Do Not Walk” sign or symbol is lit up in red. This is a well-known fact taught to all drivers, yet it does not always stop them from proceeding through these crosswalks and injuring people on foot.
If you are hit by a vehicle while walking in a crosswalk with the right of way, the driver of that vehicle is responsible for compensating you for all the losses you suffered. These damages may include medical bills, lost income because of your inability to work, damage you sustained to your vehicle and compensation for noneconomic damages, such as pain and suffering.
In most of these accidents, the driver has liability insurance that will cover up to a certain value limit. Therefore, the standard procedure is to file a third-party claim with that driver’s insurance company, rather than going after the driver directly. However, you may also file a personal injury lawsuit for damages against the driver who was at fault, with the insurance carrier proceeding to defend the claim.
Can a pedestrian be at fault?
There are many cases in which pedestrians are at fault for accidents. If you were in a crosswalk but did not have the right of way, you will likely need to make a claim with your own health insurance provider to cover your damages. This could lead to a premium hike.
To learn more about liability related to pedestrian accidents, consult a dedicated Bradenton personal injury attorney with Shapiro, Goldman, Babboni, Fernandez & Walsh.