Right of Way Wrongs: When Drivers Fail Pedestrians, Who Pays?

Every year, thousands of pedestrians are injured or killed in traffic accidents. In 2022, over 7,500 pedestrians died in traffic crashes in the U.S. alone, marking the highest number since 1981. When a driver fails to yield the right of way to a pedestrian, the consequences can be devastating. But who is responsible, and who pays for the resulting injuries and damages? Understanding right-of-way laws and liability in pedestrian accidents is crucial for both drivers and pedestrians.

Understanding Right of Way Laws

Right-of-way laws dictate who has the legal authority to proceed in a given traffic situation. These laws are designed to ensure the safe and orderly movement of vehicles and pedestrians. Generally, pedestrians have the right of way in crosswalks, whether marked or unmarked. However, this right is not absolute and comes with responsibilities.

Crosswalks: Drivers must yield to pedestrians in crosswalks. This means slowing down, being aware of surroundings, and allowing pedestrians to safely cross the street.
Intersections: At intersections with traffic signals, pedestrians must obey “Walk” and “Don’t Walk” signals. Drivers turning at intersections must yield to pedestrians in the crosswalk.
Sidewalks: Pedestrians have the right of way on sidewalks. Drivers crossing sidewalks to enter driveways or parking lots must yield to pedestrians.
Other Locations: Outside of crosswalks and intersections, pedestrians must yield the right of way to vehicles. This means pedestrians should not dart out into traffic or cross the street where it is unsafe to do so.

When Drivers Fail: Common Causes of Pedestrian Accidents

Despite right-of-way laws, drivers often fail to yield to pedestrians, leading to accidents. Some common causes include:

Distracted Driving: Texting, talking on the phone, or engaging in other distractions can cause drivers to miss seeing pedestrians.
Speeding: Drivers who are speeding may not have enough time to stop for pedestrians in crosswalks.
Impaired Driving: Alcohol and drugs can impair a driver’s judgment and reaction time, increasing the risk of hitting a pedestrian. In 2022, alcohol was a factor in nearly half (48%) of crashes resulting in pedestrian fatalities.
Failure to Obey Traffic Signals: Running red lights or stop signs can lead to collisions with pedestrians who are legally crossing the street.
Aggressive Driving: Drivers who are aggressive or impatient may try to “beat” pedestrians in crosswalks, resulting in accidents.
Poor Visibility: Harsh weather conditions, such as rain or fog, can reduce visibility and make it difficult for drivers to see pedestrians. Drivers also may not see pedestrians at night.

When Pedestrians May Be At Fault

While drivers typically bear the responsibility in pedestrian accidents, there are situations where pedestrians may be partially or fully at fault. These include:

Jaywalking: Crossing the street outside of a designated crosswalk or intersection, especially where it is prohibited.
Failure to Obey Traffic Signals: Ignoring “Don’t Walk” signals or crossing against a red light.
Walking Under the Influence: Being intoxicated can impair a pedestrian’s judgment and coordination, leading to unsafe behavior.
Darting into Traffic: Suddenly stepping into the path of a vehicle without giving the driver time to react.
Walking on Prohibited Roadways: Walking on highways or other roadways where pedestrian access is prohibited.

Determining Liability: Who Pays?

In pedestrian accidents, determining liability is crucial for seeking compensation for injuries and damages. Liability refers to the legal responsibility for causing the accident. Several factors are considered when determining liability:

Negligence: Was the driver or pedestrian negligent? Negligence means failing to exercise reasonable care, which results in harm to another person.
Traffic Laws: Did the driver or pedestrian violate any traffic laws? Violations such as speeding, running a red light, or jaywalking can be evidence of negligence.
Eyewitness Testimony: Statements from witnesses who saw the accident can provide valuable information about what happened and who was at fault.
Police Reports: Police reports contain details about the accident, including the officer’s observations, witness statements, and any citations issued.
Evidence at the Scene: Photos and videos of the accident scene, vehicle damage, and injuries can help reconstruct the events and determine liability.

Insurance Coverage and Claims

Insurance plays a significant role in pedestrian accident claims. Typically, the at-fault driver’s insurance policy will cover the pedestrian’s medical expenses, lost wages, and other damages. Most states have minimum liability coverage requirements to ensure that drivers can compensate victims they injure.

However, if the driver is uninsured or underinsured, the pedestrian may need to rely on their own insurance policies, such as uninsured motorist (UIM) coverage. In some cases, a pedestrian may also be able to file a claim against their own auto insurance policy for personal injury protection (PIP) benefits, which can cover medical expenses and lost wages regardless of fault.

Compensation for Injuries and Damages

Pedestrians injured in accidents can seek compensation for a variety of damages, including:

Medical Expenses: This includes hospital bills, doctor’s visits, physical therapy, prescription medications, and any other medical costs related to the injuries.
Lost Wages: If the injuries prevent the pedestrian from working, they can claim lost income. This includes both past and future lost wages.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
Emotional Distress: Accidents can lead to conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD).
Property Damage: Compensation for any personal items damaged in the accident, such as clothing, phones, or other belongings.
Punitive Damages: In cases where the driver’s conduct was particularly reckless or egregious, punitive damages may be awarded to punish the driver and deter similar behavior in the future.

Advice for Pedestrians and Drivers

To prevent pedestrian accidents and minimize the risk of injury, both pedestrians and drivers should follow these safety tips:

For Pedestrians:

Use Crosswalks: Always cross the street at designated crosswalks or intersections.
Obey Traffic Signals: Pay attention to “Walk” and “Don’t Walk” signals and only cross when it is safe to do so.
Look Both Ways: Before crossing the street, look left, right, and left again to make sure no cars are coming.
Be Visible: Wear bright clothing, especially at night, and carry a flashlight or reflective gear to increase visibility.
Avoid Distractions: Put away your phone and avoid other distractions when crossing the street.
Be Aware of Surroundings: Pay attention to the traffic around you and be prepared to react to unexpected situations.
Never Assume: Never assume that a driver sees you or will stop for you. Make eye contact with drivers before crossing in front of their vehicles.

For Drivers:

Be Alert: Pay attention to your surroundings and be aware of pedestrians, especially in areas with high foot traffic.
Slow Down: Reduce your speed in areas where pedestrians are present, such as near schools, parks, and shopping centers.
Yield to Pedestrians: Always yield the right of way to pedestrians in crosswalks and intersections.
Avoid Distractions: Put away your phone and avoid other distractions while driving.
Be Cautious When Turning: When turning at intersections, check for pedestrians in the crosswalk before proceeding.
Never Drive Impaired: Alcohol and drugs can impair your judgment and reaction time, increasing the risk of hitting a pedestrian.
Be Aware of Weather Conditions: Adjust your driving to account for weather conditions such as rain, fog, or snow, which can reduce visibility.

Conclusion

When drivers fail to yield the right of way to pedestrians, the consequences can be severe. Understanding right-of-way laws, determining liability, and seeking compensation for injuries and damages are crucial steps in the aftermath of a pedestrian accident. By following safety tips and being aware of their surroundings, both pedestrians and drivers can help prevent these accidents and ensure the safety of everyone on the road.

If you or a loved one has been injured in a pedestrian accident, it is essential to seek legal assistance from a personal injury attorney. A lawyer can help you understand your rights, investigate the accident, and pursue the compensation you deserve. Contact our firm today for a consultation.