Pedestrian Accidents in Crosswalks

Crosswalks exist to allow pedestrians safe access across a busy road or areas that would otherwise be dangerous to someone on foot. Unfortunately, many drivers do not respect a pedestrian’s right of way in these crosswalks, or are simply not paying proper attention to a person crossing. When drivers hit pedestrians in crosswalks, the injuries these victims face can be catastrophic as well as life threatening. Miami pedestrian accident lawyer Robert Dixon is dedicated to making sure irresponsible motorists are held accountable for the harm they cause, assisting victims as well as families in pursuing personal injury or wrongful death claims arising out of these devastating accidents. Mr. Dixon and his staff at the Law Offices of Robert Dixon offer experienced and compassionate legal guidance to residents across South Florida including Miami-Dade, Broward, and Palm Beach Counties. We understand the uphill battle victims face after being hit by a car, and work to ease the stress of worry about the legal process so that they can focus on recovering and not how to pay for that recovery. If you’ve been injured as a pedestrian in a crosswalk, or a loved one has passed away due to such a tragic accident, please contact our office to today and schedule a free consultation to talk to an attorney about your legal options.

The main objective of a crosswalk is to provide a safe walkway for pedestrians. Under Florida statute, a crosswalk is defined as “that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.” Crosswalks are also any other part of the road at an intersection that is clearly designated for pedestrians to cross either with markings or lines. Crosswalks do not only have to be marked – the same rules govern an unmarked crosswalk as those with markings.

Certain traffic rules govern pedestrian-motorist interactions in a crosswalk and who has the right-of-way in certain situations, such as:

• When an intersection is controlled by a traffic signal, drivers are required to stop before coming into the crosswalk, not just yield to a pedestrian. Drivers must stay stopped when a pedestrian has the signal to cross or is stepping into a crosswalk.
• When a driver has stopped for a pedestrian at a crosswalk, no other drivers are permitted to overtake or pass the vehicle that has stopped.
• When pedestrians are crossing a road not using a crosswalk, they must yield the right-of-way to all motorists.

When there are no traffic signals, or signs indicating who has the right-of-way, drivers are required to yield to pedestrians if that pedestrian is in a crosswalk, on the same side of the road as the driver; or if a pedestrian is approaching closely from the opposite half of the road such that the driver failing to yield would be dangerous.

Failing to follow these rules can create dangerous situations and lead to pedestrian accidents in crosswalks. Pedestrians injured by a driver’s failure to follow the rules of the road may be compensated for their injuries by filing a personal injury suit based on negligence, and a skilled accident lawyer can help. Negligence exists when a driver breaches his or her duty to act as a reasonable and prudent person would under the given circumstances. This duty is imposed on as well as owed to all motorists and road users, including pedestrians. When a driver fails to act reasonably, for example, by speeding through a crosswalk without looking or while distracted by a phone, he or she could be held liable for the harm caused. Pedestrians are also responsible for maintaining their own duty of care. However, even if a pedestrian is partially negligent in causing his or her own injuries, legal action may still be available. Florida follows a ‘pure comparative fault’ scheme of negligence, allowing recovery of damages to victims in proportion to each party’s degree of liability. Therefore, if a pedestrian is found to be responsible for 70 percent of an accident, he or she can still recover 30 percent of the total damage award from another negligent party.

Victims injured in a pedestrian accident in a crosswalk often need the financial assistance available in personal injury claims for past and future medical expenses, loss of income, loss of earning capacity, and sometimes pain and suffering as well. Injury attorney Robert Dixon of the Law Offices of Robert Dixon can assist you in determining your next legal step following such an accident. If you have questions about your legal options following an injury or loss of a loved one, please call 877.499.4878 or contact us online to schedule a free, no obligation consultation to see how we can help. We represent clients in communities including Miami, and West Palm Beach.