I Was Hit In A Crosswalk, Does That Automatically Mean The Driver Is At Fault?

Crosswalk accidents are unfortunately common and can lead to serious injuries. As a pedestrian, you might assume that being hit in a crosswalk clearly puts the fault on the driver. However, the reality of determining liability in such cases can be more complex. At Johnnie Bond Law, we’ve seen a variety of crosswalk incidents, and each case has its unique aspects. Here, we’ll explore some key factors that impact fault determination in crosswalk accidents.

Understanding Right-of-Way in Maryland, DC, and Virginia

One of the first things we consider in a crosswalk accident case is the right-of-way. Generally, pedestrians have the right-of-way in crosswalks. However, there are exceptions and specific laws in Maryland, Washington DC, and Virginia that can influence a case. For example, pedestrians are expected to observe walk signals and not suddenly leave a curb into the path of a vehicle. Understanding these nuances is crucial in assessing who is at fault.

The Role of Driver Responsibility

In many cases, drivers are found to be at fault in crosswalk accidents. This can be due to various reasons, such as distracted driving, speeding, failing to observe crosswalk signs, not yielding to pedestrians, reckless maneuvers, or impaired driving. Our team at Johnnie Bond Law thoroughly investigates these elements, including analyzing traffic patterns and driver history, to build a strong, comprehensive case for our clients.

Pedestrian Actions and Comparative Negligence

It’s also important to consider the actions of the pedestrian. Were they paying attention? Were they following traffic signals? Were they using electronic devices, crossing against signals, or walking outside marked crosswalks? In Maryland, DC, and Virginia, the concept of comparative negligence may apply. This means if the pedestrian is found partly at fault, perhaps due to jaywalking or distracted walking, it can significantly affect the compensation they receive, potentially reducing it based on their degree of fault.

Gathering Evidence is Key

Collecting evidence is a critical step in proving fault in a crosswalk accident. This can include traffic camera footage, witness statements, accident reconstruction, detailed police reports, analysis of road conditions, gathering surveillance from nearby businesses, and interviewing witnesses. Our team at Johnnie Bond Law is experienced in meticulously gathering and presenting this comprehensive range of evidence effectively to robustly support our clients’ claims and ensure a fair outcome.

What to Do After a Crosswalk Accident

If you’re involved in a crosswalk accident, it’s essential to take specific steps to protect your health and legal rights. Here are some of them:

Seek Medical Attention: Prioritize your health by seeking medical care immediately, even if injuries aren’t apparent.

Report to Police: File a report with the police to create an official record of the incident.

Gather Information: Document the scene by taking photos and noting the time, location, weather conditions, and traffic signals.

Collect Witness Details: Obtain contact information from witnesses; their testimony can be crucial.

Contact a Lawyer: Reach out to a lawyer early to go through the legal aspects of your case. An experienced attorney can guide you through the complexities of your case, advise you on how to communicate with insurance companies and help preserve vital evidence.

Remember, insurance companies often aim to minimize compensation, and having legal representation can help ensure that your rights and interests are adequately protected. Quick action is not only about ensuring your safety and health but also about securing the necessary evidence to build a successful case.

Johnnie Bond Law: Advocating for Pedestrian Safety

At Johnnie Bond Law, we’re passionate about advocating for pedestrian safety and rights. We understand the trauma and challenges faced by victims of crosswalk accidents and are dedicated to seeking fair compensation for their losses and injuries.

Schedule a Free Consultation Today

Determining fault in a crosswalk accident can be complex, but you don’t have to encounter it alone. At Johnnie Bond Law, we offer personalized legal guidance and representation. Call (202) 683-6803 or contact us online to schedule a free consultation. We’re here to fight for your future and ensure you receive the justice and compensation you deserve.