Pedestrian accidents can result in severe injuries and, in tragic cases, even loss of life. Understanding the role of traffic laws in pedestrian accident claims is crucial for both pedestrians and drivers. Traffic laws are designed to establish a framework for safe road use. Violations of these laws can significantly impact liability and compensation in the event of an accident involving a pedestrian. Below, our peers from the Law Firm of Edward Blinder, PLLC, explain how traffic laws can come into play when proving negligence in your claim. The deep knowledge that a pedestrian accident lawyer has regarding your state’s traffic laws can help prove your case in court.
Traffic Laws And Pedestrian Right Of Way
Traffic laws typically grant pedestrians the right of way in designated areas such as crosswalks and intersections. Drivers are obligated to yield to pedestrians in these locations, and failure to do so can result in legal consequences. Pedestrians, in turn, are expected to follow traffic signals and cross the road only when it is safe to do so.
If a driver fails to yield to a pedestrian in a crosswalk or ignores traffic signals, it can be a clear violation of traffic laws, establishing the driver’s negligence in the eyes of the law.
Crosswalks And Intersection Safety
Crosswalks and intersections are the primary areas where pedestrian accidents occur. Traffic laws are specifically designed to regulate the flow of both vehicular and pedestrian traffic in these critical zones. Drivers must come to a complete stop at stop signs and red traffic signals, allowing pedestrians to cross safely.
Pedestrians are generally expected to use crosswalks when available, and their right of way is emphasized at marked crosswalks. However, even in the absence of marked crosswalks, drivers are still required to yield to pedestrians at intersections.
When a pedestrian is struck by a vehicle while crossing legally at a crosswalk or intersection, the violation of traffic laws by the driver significantly impacts the legal outcome. It strengthens the pedestrian’s case by establishing the driver’s failure to adhere to the duty of care owed to those using the crosswalk or intersection.
Traffic Signal Compliance
Traffic signals are designed to regulate the orderly and safe movement of vehicles and pedestrians through intersections. Ignoring red lights or pedestrian signals can lead to hazardous situations.
If a pedestrian is injured by a vehicle running a red light or failing to stop at a pedestrian signal, the driver is likely to be held liable for the accident. In such cases, the violation of traffic signal laws – and a possible police citation – serves as clear evidence of the driver’s negligence.
Implications For Liability And Compensation
Traffic law violations by drivers can have significant implications for liability in pedestrian accident claims. When a driver is found to have violated traffic laws and caused injury to a pedestrian, it strengthens the pedestrian’s case for establishing negligence. This, in turn, may lead to the driver being held liable for the damages incurred by the pedestrian, including medical expenses, lost wages, and pain and suffering.
Whether you are a pedestrian seeking compensation for injuries or a driver facing a pedestrian accident claim, the application and violation of traffic laws will be fundamental aspects of the legal process.
