The motorist who caused your accident will have an insurance company-with its own lawyers-who will try everything they can to paint the accident in a negative light towards the victim. How these rules may impact your pedestrian-car accident case. However, a motorist will likely be responsible if he's driving 50 mph in a 25 mph residential area and hits a child running out into the street after a loose basketball. So, for example, a motorist isn't responsible for a roadway death when a pedestrian intentionally runs out onto a busy street to attempt suicide. Neither is allowed to proceed without exercising a reasonable amount of care and concern for others. The law dictates that cars and pedestrians are to share the road. Much of this is common sense when you think about it. Pedestrians must yield to cars on highways at all times.Once the signal at a crosswalk switch to "WAIT" or "STOP," the pedestrian must make their way to either a safety island in the middle of the road or reach the other side as quickly as possible, whichever is closest.At crosswalks with signals, pedestrians must wait until the light says "WALK." It doesn't matter if no cars are apparent at the time the law requires us to wait until the signal changes.When a sidewalk is available, pedestrians cannot walk on the road.This is dangerously untrue and contradicts a more truthful maxim that we are all taught as children, "Look both ways before you cross the street." If you think about it, if pedestrians always had the right-of-way, why would anyone teach their child to look both ways before crossing a street? The simple fact is that there are many restrictions about when and where pedestrians must actually yield to cars. We're not exactly sure where this myth started, but from the time many of us were kids, we heard that pedestrians had some sort of "super right" to walk wherever they wanted and cars had to give way. Pedestrians don't always have the right of way. How can an experienced car accident attorney help maximize your case?.Can the pedestrian not have the right-of-way and still recover damages if they are injured?.Why is the right-of-way so important in litigation?.What does the law really say about pedestrians and the right-of-way?.During this time we have helped our clients maximize the value of their case. The attorneys at Grossman Law Offices have represented numerous pedestrians over the years who have been injured by a negligent driver.
#DOES THE PEDESTRIAN HAVE THE RIGHT OF WAY DRIVERS#
Of course, there are many times when drivers do not "exercise due care" and when that occurs, and a pedestrian is injured, the driver can be held responsible for the pedestrian's damages. Even if a pedestrian is breaking a traffic law and crossing the street in an improper manner, that never gives someone legal grounds to run over a motorist. Texas law requires drivers to "exercise due care" to avoid pedestrians. However, pedestrians are always owed some consideration by motorists. Since that's the case, and because the law clearly states otherwise, no, pedestrians do not always have the right-of-way. Home Car Accidents Pedestrian Injuries Pedestrians Do Not Always Have the Right of Way Do Pedestrians Always Have the Right-of-Way?Īnd we always answer that their is almost no such thing as "always" when it comes to the law.
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