Intersection Through Vehicle – pedestrian is hit while crossing an intersection by driver going straight
When a car and a pedestrian collide, there can be devastating consequences. Pedestrian collisions can occur even in seemingly safe locations, such as intersections. The one who is at fault for the accident can be either the driver or the pedestrian. If the intersection has a traffic device regulating traffic, then the driver is typically liable for the accident if they violated the traffic control device.
Intersections With Traffic Control Devices
It can be easier to determine liability when the intersection is controlled by a traffic control device. These traffic devices can be stop signs or stop lights, and can also include walk/don’t walk signs. If either the driver or the pedestrian fails to obey the device, their violation can cause them to have some or all of the liability for the accident. The specific laws regarding traffic control devices vary by state.
Intersections That Lack Traffic Controlling Devices
If a pedestrian is hit while crossing an intersection by a driver traveling straight without a traffic device in the area controlling the traffic, the liability of the parties can be ambiguous. These intersections are commonly called “uncontrolled intersections.” While drivers owe a duty to other drivers and pedestrians to operate their vehicle safely, pedestrians also owe a duty to act as a reasonable person would under the same circumstances. There are many factors that are considered when determining liability in these situations. If the pedestrian darted out into the intersection without taking proper precautions to make sure there was no traffic, then the driver may have a strong defense and the pedestrian may be found to be completely or partially liable.
Overview of State Laws
Each state decides on their own regulations regarding pedestrians crossing in crosswalks, whether controlled or uncontrolled. Most states have laws requiring drivers to yield to pedestrians crossing in uncontrolled or unmarked crosswalks. Nine states, in addition to the District of Columbia, require drivers to stop when approaching a pedestrian in an unmarked crosswalk. Minnesota is the only state that requires drivers to stop if there is a pedestrian in any part of the roadway.
If you have been injured while crossing an intersection, whether marked or unmarked, our lawyers can fight for your rights in any state in the country. You may be able to collect damages for your injuries, which include money for the pain and suffering you dealt with a result of the accident, lost wages from missed time at work, and your settlement may also include money to pay your medical bills incurred due to the accident.