Crosswalk Rights: What to Do If You’re Hit in a Crosswalk

Each year, thousands of pedestrians are injured or killed while walking in crosswalks. According to the National Highway Traffic Safety Administration (NHTSA), 7,388 pedestrians were killed in traffic crashes in 2021, a 12.5% increase from 2020. Crosswalks are designated areas meant to ensure pedestrian safety, yet accidents still occur, often resulting in severe injuries. Understanding your rights and knowing what to do if you’re hit in a crosswalk can be crucial for protecting yourself and seeking justice.

Understanding Crosswalk Laws and Pedestrian Rights

Crosswalk laws are designed to protect pedestrians and regulate vehicle traffic. These laws vary by state and municipality, but some standard principles generally apply.

Right-of-Way: Pedestrians typically have the right-of-way in marked and unmarked crosswalks. This means drivers must yield to pedestrians crossing the street within these designated areas.
Marked vs. Unmarked Crosswalks: Marked crosswalks are indicated by painted lines on the road, while unmarked crosswalks exist at intersections, whether lines are present or not. Pedestrian right-of-way applies to both.
Traffic Signals: At intersections with traffic signals, pedestrians should obey the “Walk” or “Don’t Walk” signals. However, drivers must still yield to pedestrians who are already in the crosswalk when the signal changes.
Driver Responsibilities: Drivers have a duty of care to exercise caution and avoid hitting pedestrians. This includes being attentive, driving at a safe speed, and yielding the right-of-way.

Who Is Liable in a Crosswalk Accident?

Determining liability in a crosswalk accident involves assessing who was at fault. Generally, the driver is liable if they failed to yield the right-of-way or were negligent in some way. Examples of driver negligence include:

Distracted Driving: Texting, talking on the phone, or engaging in other distractions.
Speeding: Driving faster than the posted speed limit or too fast for conditions.
Failure to Yield: Not yielding to pedestrians in the crosswalk.
Driving Under the Influence: Operating a vehicle while impaired by drugs or alcohol.

However, pedestrians also have a responsibility to exercise reasonable care. A pedestrian may be partially or fully liable if they:

Suddenly enter the crosswalk: Stepping into the path of a vehicle when it’s too late for the driver to stop.
Disobey traffic signals: Crossing against a “Don’t Walk” signal.
Jaywalking: Crossing the street outside of a designated crosswalk.
Distracted Walking: Using a smartphone or wearing headphones and not paying attention to traffic.

Many states follow the principle of comparative negligence, meaning that even if a pedestrian is partially at fault, they may still be able to recover damages, but their compensation will be reduced by their percentage of fault. However, some states adhere to contributory negligence, which bars recovery if the pedestrian is even 1% at fault.

Steps to Take If You’re Hit in a Crosswalk

If you are hit by a car while in a crosswalk, taking the right steps immediately following the accident is crucial. Here’s what you should do:

Seek Immediate Medical Attention: Your health is the top priority. Even if you don’t think you’re seriously injured, see a doctor as soon as possible. Some injuries, like internal bleeding or head trauma, may not be immediately apparent. Medical records will also serve as important evidence for any legal claims.
Report the Accident: Call 911 and report the accident to the police. Ensure that an official police report is filed, as this document will be valuable when determining fault and liability.
Gather Information: If you’re able, collect information at the scene:
- Driver’s name, contact information, driver’s license number, and insurance details.
- Vehicle information, including the license plate number, make, and model.
- Contact information for any witnesses.
- Photos of the accident scene, including the crosswalk, vehicle damage, and your injuries.
- Document the Scene: Take detailed photos and videos of the accident scene. Capture the position of the vehicles, the condition of the crosswalk, traffic signals, and any visible injuries.
- Contact a Personal Injury Attorney: A personal injury attorney can advise you on your rights and help you navigate the legal process. They can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
- File a Claim with the Insurance Company: Notify your insurance company about the accident. In many states, you may be able to file a claim under your own auto insurance policy, even if you weren’t in a vehicle at the time of the accident.
- Keep Detailed Records: Maintain thorough records of all medical treatments, expenses, lost income, and other damages related to the accident.

Compensation for Injuries

If you’ve been injured in a crosswalk accident, you may be entitled to compensation for various damages, including:

Medical Expenses: Costs of medical treatment, including hospital stays, doctor visits, physical therapy, and medications.
Lost Wages: Compensation for lost income if you cannot work due to your injuries.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the accident.
Property Damage: Reimbursement for any personal property damaged in the accident, such as clothing, eyeglasses, or electronic devices.
Punitive Damages: In cases of egregious driver misconduct, such as drunk driving or reckless behavior, you may be awarded punitive damages to punish the driver and deter similar behavior in the future.

The average settlement for a pedestrian accident in a crosswalk can range from $5,000 or more for recoverable injuries like road rash and whiplash to $10,000 or more for moderate injuries like broken bones. However, for cases where driver negligence is firmly established, pedestrian accident settlements can frequently climb into the six and even seven figure ranges, especially when catastrophic injuries like traumatic brain damage are involved.

The Role of a Personal Injury Attorney

Navigating the aftermath of a crosswalk accident can be overwhelming. An experienced personal injury attorney can provide invaluable assistance by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reconstructing the accident scene to determine liability.
Negotiating with Insurance Companies: Dealing with insurance adjusters to ensure you receive a fair settlement.
Filing a Lawsuit: Representing you in court if a fair settlement cannot be reached through negotiation.
Assessing Damages: Accurately evaluating the full extent of your damages, including medical expenses, lost income, pain and suffering, and future needs.
Protecting Your Rights: Ensuring your rights are protected throughout the legal process.

Promoting Pedestrian Safety

While understanding your rights is essential, preventing accidents in the first place is even more critical. Here are some tips for promoting pedestrian safety:

Use Crosswalks: Always cross the street at designated crosswalks.
Obey Traffic Signals: Pay attention to traffic signals and only cross when you have the right-of-way.
Be Visible: Wear bright clothing, especially at night, and carry a flashlight to increase visibility.
Make Eye Contact: Before crossing, make eye contact with drivers to ensure they see you.
Stay Alert: Avoid distractions like smartphones and headphones when walking near traffic.
Advocate for Safer Streets: Support local initiatives to improve crosswalk markings, install pedestrian signals, and reduce speed limits in pedestrian areas.

Conclusion

Being hit in a crosswalk can have devastating consequences, but knowing your rights and taking the right steps can help you protect yourself and seek the compensation you deserve. If you or a loved one has been injured in a crosswalk accident, consult with a personal injury attorney to discuss your legal options and ensure your rights are protected. By understanding crosswalk laws, promoting pedestrian safety, and seeking legal assistance when needed, we can work together to create safer streets for everyone.