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

Pedestrian accidents, especially those occurring on crosswalks, are a significant concern in Florida and Georgia. Understanding who is at fault in these situations is crucial for anyone involved in such an incident. This blog post delves into the complexities of establishing fault in crosswalk accidents, emphasizing the legal perspective we at The Leach Firm, P.A., offer to our clients.

The Complexity of Crosswalk Incidents

The complexity of determining fault in crosswalk incidents arises from the various factors and legal nuances that must be considered. Although pedestrians generally have the right of way in crosswalks, this does not mean that drivers are always at fault in the event of an accident. Let’s break down the key elements that contribute to the complexity of these incidents:

1. Pedestrian Right of Way: In most jurisdictions, pedestrians have the right of way within a crosswalk. This means drivers are expected to yield to pedestrians crossing the road. However, this right of way is not absolute and comes with responsibilities on the part of the pedestrian.
2. Pedestrian Responsibilities: While pedestrians have the right of way in crosswalks, they are also responsible for crossing safely. This means they should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that the driver can’t yield.
3. Crossing at Designated Points: Pedestrians are typically expected to travel at marked crosswalks or intersections. Suppose a pedestrian crosses the street outside these designated areas (a practice often called jaywalking). In that case, they may be found negligent, mainly if an accident occurs due to their actions.
4. Traffic Signals and Signs: Traffic signals add another layer of complexity. If pedestrians cross against traffic signals (e.g., walking when the “Don’t Walk” sign is illuminated), their actions could be considered negligent. In such cases, even within a crosswalk, they may be found partially or wholly at fault for any resulting accident.
5. Comparative Negligence: Many jurisdictions apply the principle of comparative negligence in pedestrian accidents. This means that if both the driver and the pedestrian are found to have contributed to the accident, the fault can be shared between them. For instance, if a pedestrian steps into a crosswalk without paying attention while a driver is speeding, both parties may be found partially responsible.
6. Driver’s Duty of Care: Despite these considerations, drivers still have a significant duty of care. They are expected to be vigilant, especially in areas where pedestrians are likely present, like near schools, parks, and urban areas. A driver’s failure to exercise reasonable care, such as speeding or driving distractedly in a pedestrian zone, can be a critical factor in determining fault.

Evaluating the Evidence

Determining fault in a crosswalk accident involves a thorough investigation. This evidence can provide crucial insights into whether the pedestrian was lawfully crossing and if the driver was adhering to traffic laws. Here’s a detailed look at the key types of evidence considered and how they contribute to understanding the incident:

1. Traffic Camera Footage: Traffic cameras offer unbiased, objective evidence of the incident. They can capture the positions, movements, and actions of the pedestrian and the vehicle involved. The footage can help establish the timing and sequence of events leading to the accident. It shows whether the pedestrian was in the crosswalk and if the driver had the opportunity to stop or avoid the collision.  If the accident occurred at an intersection with traffic lights, camera footage could reveal if the pedestrian crossed during a walk signal or if the driver had a green light.
2. Eyewitness Statements: Eyewitnesses can provide accounts of the accident from different perspectives. Their statements can corroborate or contradict the evidence from the traffic cameras. Witnesses might offer details not captured on camera, such as the vehicle’s speed, whether the driver was distracted, or if the pedestrian was erratic. The credibility and reliability of eyewitnesses are crucial. 
3. Police Reports:  Police reports are official documents summarizing the incident based on the responding officer’s investigation. These reports typically include initial assessments of fault based on the officer’s observations, statements from the parties involved, and any eyewitnesses.
4. Additional Evidence: This includes any marks on the road, the position of the vehicles after the accident, and any damage to the car or personal belongings. If the pedestrian was injured, medical records would detail the nature and extent of the injuries, which can sometimes offer insights into how the accident occurred.

Contact The Leach Firm, P.A. for Assistance

If you’ve been involved in a crosswalk accident, seeking legal advice immediately is essential. At The Leach Firm, P.A., we understand the nuances of pedestrian accident claims in Florida and Georgia. We’re committed to helping you understand your rights and the potential outcomes of your case. Call us at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia. We’re here to help you overcome this challenging time and fight for your deserved compensation.