Crosswalks are designed to protect pedestrians wishing to cross a street. Drivers entering intersections with crosswalk areas are required to respect the laws regulating crosswalks in Charleston in order to avoid colliding with a pedestrian trying to cross the road. Unfortunately, this does not always happen, and a unsuspecting pedestrian could suffer serious harm as a result.
If you or a loved has been injured and would like to learn more about obtaining compensation following a pedestrian accident, consult with a knowledgeable attorney about your eligibility to receive monetary damages.
How are Crosswalks Regulated?
There are a few basic rules when it comes to the regulation of crosswalks. First, pedestrians wishing to cross a road should do so at a crosswalk. They should wait at the crosswalk and wait for the traffic signal to indicate that it is safe to cross the road. If a pedestrian is allowed to cross the street, drivers are required to give them the right of way. If a driver collides with a pedestrian, they could be held liable for the injuries a pedestrian incurs as a result.
Although crosswalks provide a safe space for pedestrians, some individuals take it upon themselves to cross the road whenever they feel like it is safe to do so. While pedestrians may not have the right of way, drivers still owe a duty of care to anyone who walks into the street. If a driver has enough time to see someone walk into the road, yet they do not do anything to avoid hitting the individual and hits them anyways, they could still be held liable for damages.
Should a Driver Change their Behavior when Approaching a Crosswalk?
Drivers are encouraged to proceed with caution when travelling through an intersection. Whether there is a pedestrian in the crosswalk or not, drivers should be on high alert, looking for hazards, and pay attention to anyone who might appear in front of them if they are travelling through a densely populated area. Though this is no different from the way drivers are supposed to act regardless if there is a crosswalk, drivers should still heighten their duty of care in order to avoid potentially causing someone significant and catastrophic injury.
Common Ways Pedestrian Accidents Occur
The most common way that a pedestrian accident occurs usually involves a driver who is not paying attention to the road. Unfortunately, some drivers engage in behaviors that would cause them to lose focus of the road such as texting while driving. In this scenario, it is likely that a driver may not realize that they are entering a pedestrian area and could collide with someone as a result.
Other common ways include green light situations where both the driver and the pedestrian has the ability to proceed forward. In this circumstance, drivers may be in a hurry and refuse to give the right of way to a pedestrian crossing a road. As a result, a driver could hit someone because of their impatience and road rage.
When Would a Pedestrian be Found Negligently Liable?
Both drivers and pedestrians have certain, duties, rights, and responsibilities that they are supposed to follow. If either party does not follow those rules or use proper care, then it can affect the finding of liability in a case. Pedestrians are strongly encouraged to follow traffic signals since this is the safest way to cross the road. However, if they decide to cross a red when their signal indicates otherwise and they end up being hit as a result, the defense could make an argument that the pedestrian contributed to their injuries by not following the marked traffic signs. If the defense successfully proves this argument, the amount of compensation available to the plaintiff would be limited.
Learn More by Scheduling a Consultation Today
The law tries its best to make sure that pedestrians are protected when they enter into a crosswalk. Though the possibility for someone to ignore these protections exists, victims who suffered injuries due to the reckless actions of a driver could cite the law, their own actions, and the actions of the careless driver in order to file a convincing injury claim. Doing so could make it possible to recoup compensation for money lost as a result of dealing with the repercussions of the accidents.
However, to make sure that this type of claim is filed appropriately, you should consider retaining the services of an attorney familiar with the laws regulating crosswalks in Charleston. To begin discussing a potential case, or if you would simply like to learn more, schedule a consultation today.