PEDESTRIAN RIGHTS AND DUTIES
Pedestrians generally have rights to be in certain locations at certain times. For example, pedestrians have the right-of-way in crosswalks. Pedestrians also have the right-of-way on public and private sidewalks.
On the other hand, pedestrians have certain duties. Pedestrians must follow traffic lights, do not walk or wait signs, and other pedestrian safety warnings and devices. If there is a sidewalk next to a roadway, pedestrians must walk on it. When there is not a sidewalk on a public road, pedestrians should walk along towards traffic on the shoulder. Even when pedestrians have the right-of-way, they must keep a proper lookout for vehicles and other pedestrian traffic.
CAUSES OF ACCIDENTS INVOLVING PEDESTRIANS
Drivers and pedestrians can both cause accidents, so it is important to analyze the facts of every wreck. Here are some common causes of accidents involving pedestrians:
CAUSED BY DRIVERS
- Failure to yield to a pedestrian, who has the right of way
- Failing to follow the speed limit
- Distracted driving
- Impaired driving
- Car defect, such as faulty brakes or tires
CAUSED BY PEDESTRIANS
- Disregarding a traffic signal
- Jaywalking or not walking within a crosswalk
- Walking along a major highway
- Not utilizing the sidewalk
- Walking while impaired
WHAT INSURANCE IS AVAILABLE
If a pedestrian is hit by a vehicle, the pedestrian may be able to recover from the driver’s liability policy, the vehicle owner’s policy (if different from the driver), and the pedestrian’s own UM coverage. In order for the pedestrian’s coverage to be available, the pedestrian must tell his insurance company about the wreck. Click here to learn about the different kinds of insurance policies.
If you were a pedestrian and were hit by a driver, contact Mike Rafi.