Crosswalk Pedestrian Accident

Crosswalk Accidents, Lawsuit and Lawyers

A crosswalk ought to be the safest place on the road for pedestrians to be. After all, crosswalks are typically clearly marked with signs, signals, and/or road markings and ought to be placed at intersections and other highly conspicuous places. Nonetheless, a surprising number of pedestrians are hurt and killed each year at crosswalks by negligent and careless drivers.

Those pedestrians who do survive their encounter with a motor vehicle may be left with:

• Head injuries and traumatic brain injuries;
• Deep cuts and lacerations;
• Bruising and/or crushing injuries;

• Broken bones; and/or
• Mental pain and suffering.

These injury victims need and deserve to file a crosswalk accident lawsuit against the driver who caused their injuries. However, this is not always as easy and straightforward as it might otherwise seem.

Who is Responsible for a Crosswalk Accident?

Picture a simple scenario: A pedestrian enters a crosswalk and attempts to cross to the other side of the street. As the pedestrian crosses the center of the road, a car fails to stop for the pedestrian and strikes the pedestrian, sending him flying several dozen feet down the road. The pedestrian has head trauma, back injuries, broken bones, and an assortment of other injuries. The question raised is simple: Who is at fault? The answer, though, is not as simple and can vary depending on the facts of the case:

• The motorist is almost certainly at fault to some degree as it was him or her that failed to stop in time to avoid a collision with the pedestrian in the crosswalk. However, more facts are needed in order to determine just how responsible the motorist is for the crash. Setting aside for the moment any negligent actions by other parties, the motorist may bear greater blame for the crash if he or she disobeyed traffic signs and signals, if he or she was speeding, or if he or she was drunk, distracted, or drowsy at the time of the crash.
• The pedestrian may also have been negligent and contributed to the crash. For instance, a pedestrian who was walking while using his or her cellphone and not paying attention to other traffic may have been engaging in careless behavior. In addition, if the pedestrian started to cross without first looking for traffic that might be coming in either direction, or if the pedestrian crossed at a time when a signal was telling the pedestrian not to cross, the pedestrian may be partly to blame for his or her injuries;
• Municipal or local authorities may also be partly responsible for a crosswalk accident if they failed to maintain the crosswalk appropriately. If there was no sign alerting drivers to the presence of a crosswalk, if the lines demarking the crosswalk were all faded, or if the crossing signals did not work properly, this may result in the local municipality responsible for maintaining the crosswalk being blamed for the accident (at least in part).

This discussion is not a mere intellectual exercise: Identifying all of the parties responsible for causing a crosswalk accident is crucial to helping the injured pedestrian recover the most financial compensation possible for his or her injuries. An injured pedestrian who simply files suit against the motorist who struck him or her without considering other possible responsible parties does him- or herself and his or her case a great disservice.

Steps Following a Crosswalk Accident

The moments after being struck while crossing the street can be disorienting and even terrifying. Prompt and decisive action is necessary to achieving the best possible outcome. You should have medical assistance summoned to the scene of the crash unless you are 100 percent certain you did not suffer anything more than minor scrapes and cuts (if you are unsure as to the extent of your injuries, summon emergency medical personnel and submit to an evaluation on scene). If you are able to do so, you should next:

• Take down the name, insurance information, and contact information for the driver who hit you;
• Take down the names and contact information for any bystanders or witnesses who say they observed the crash;
• Take photographs of the crosswalk and your injuries, taking special care to photograph the crosswalk itself, road markings, signs near the crosswalk, and any signals controlling the intersection and/or the crosswalk.

Take the information you have collected along with your medical reports to Stern Law, PLLC and learn what legal rights you may have. If one or more individuals were responsible for contributing to your crosswalk accident, you may be entitled to some financial compensation. Attorney Ken Stern is committed to helping you achieve the maximum recovery possible. He will work tirelessly to help you obtain damages to pay for your medical bills and other expenses related to your crosswalk accident. Discuss your situation with him today by calling (844) 808-7529.