Traffic laws have a significant impact on pedestrian accident cases. These laws establish the responsibilities of both drivers and pedestrians, helping determine liability when an accident occurs. When someone is injured in a pedestrian accident, traffic laws are often used to evaluate whether a driver acted negligently or if a pedestrian contributed to the situation. Attorneys like those at Pioletti Pioletti & Nichols can attest to the importance of understanding how traffic regulations influence these claims.
Traffic Laws That Affect Pedestrian Accident Cases
Every state has traffic laws that address pedestrian safety. These laws regulate when and where pedestrians have the right of way, where they can cross streets, and how drivers should respond. In many cases, a pedestrian who is in a marked crosswalk has the right of way, and drivers are required to stop. However, pedestrians also have responsibilities, such as obeying traffic signals and avoiding sudden movements into traffic.
Speed limits, traffic signals, and right-of-way rules all influence liability in an accident. If a driver speeds through a red light and strikes a pedestrian in a crosswalk, the driver is likely to be found at fault. On the other hand, if a pedestrian crosses against a signal or outside a designated crosswalk, fault may be shared.
How Fault is Determined
Liability in a pedestrian accident depends on several factors, including whether traffic laws were violated. A police report is often a key piece of evidence, as it may document whether a driver ran a red light, failed to yield, or was distracted at the time of the accident. Witness statements, surveillance footage, and accident reconstruction can also help establish fault.
In some cases, both parties may be assigned a percentage of fault. In many states, a comparative fault system allows an injured pedestrian to recover damages even if they share some responsibility for the accident. However, their compensation may be reduced based on their level of fault.
Common Defenses Used in Pedestrian Accident Cases
Drivers accused of causing a pedestrian accident may argue that the pedestrian was distracted, crossed outside a crosswalk, or entered traffic unexpectedly. Some may claim that poor visibility or road conditions contributed to the accident. A pedestrian accident lawyer can help gather evidence to counter these arguments and present a strong case for the injured party.
Insurance companies may also try to minimize compensation by arguing that a pedestrian was partially responsible. Reviewing traffic laws, collecting evidence, and working with legal professionals can help injured pedestrians build a case that accurately reflects what happened.
The Importance of Following Traffic Laws
Traffic laws are designed to protect pedestrians and lower the risk of accidents. When drivers follow speed limits, yield at crosswalks, and remain attentive, the chances of a pedestrian accident decrease. Likewise, pedestrians who use designated crossings and follow signals can help protect themselves from harm.
Legal cases involving pedestrian accidents often focus on whether traffic laws were followed or ignored. Evidence such as traffic camera footage, witness testimony, and police reports can be critical in determining liability. For those involved in a pedestrian accident, understanding how these laws apply can make a difference in how a claim is handled.
