Is a Pedestrian Ever to Blame for a Car Crash?

Do you know the rules of the road for drivers and pedestrians? We do, and we can help you obtain the compensation you need if a rule-breaker caused your injuries. Contact the Delaware injury attorneys of Silverman, McDonald & Friedman today to schedule a free consultation at our office in Newark, Wilmington, or Seaford.

Most of the time, in a car vs. pedestrian accident, the driver sustains fewer injuries. Pedestrians can be anyone walking, hiking, jogging, running, standing, pushing a stroller, or just sitting on the road or highway. Sadly, the pedestrians who become victims oftentimes are children playing close to or on these roadways.

Most drivers understand they have a legal and moral duty to avoid striking pedestrians. At the same time, pedestrians have certainly responsibilities as well. In some cases, the individual hit by a car may be the responsible party, even if he or she is injured. When a collision occurs between a car and a pedestrian, the specific details of the accident must be evaluated to accurately assess and determine who is at fault.

Pedestrian rights and responsibilities

In both residential and business locations, pedestrians have the right-of-way when crosswalks are marked. If special control signals are installed at crosswalks, such as “don’t walk” signals, pedestrians are obligated to obey these signal instructions. Otherwise, they must simply follow the direction provided by regular traffic lights.

If a sidewalk is present, pedestrians have a responsibility to walk on the sidewalk. When no sidewalk is present, they are required to walk on the left side of the road facing traffic. When pedestrians cross a road at any location other than a marked crosswalk, they must yield right-of-way to any and all vehicles traveling in the vicinity.

Motorist responsibilities

As with pedestrians, drivers have specific responsibilities as well. Many the accidents that occur between drivers and pedestrians are the result of drivers failing to yield to pedestrians or even see them in the first place.

Motorists must yield right-of-way pedestrians who are crossing at an intersection crosswalk. When a vehicle comes to the intersection and the driver intends to turn right, the driver must yield right-of-way to the pedestrian if he or she is crossing. At any traffic signal with a steady red light, flashing yellow or red light, or at stop signs, alleys, driveways, private roads, or building entrances, drivers must yield right-of-way to pedestrians.

Drivers are not permitted enter a marked crosswalk or intersection unless sufficient space exists on the other side and the vehicle passing will not impede any pedestrian walking. Drivers must also be extremely careful in making turns – pedestrians are easily concealed in driver’s blind spots.

Ways a pedestrian may be held liable for an accident

A pedestrian can contribute to or cause a car accident in various ways, including:

• Failing to look before crossing the road
• Jaywalking
• Proceeding into a crosswalk when the traffic signals indicate to wait
• Running into the street to pick up an item
• Wearing dark clothes while walking on the road
• Attempting to distract a driver
• Negligently or intentionally throwing one or more items onto the road close to the path of vehicle travel
• Attempting to walk across the street intoxicated

If you were hurt in a car crash in Delaware – either as a driver or a pedestrian – you may have the right to collect significant compensation for your losses. Our injury attorneys at Silverman, McDonald & Friedman can evaluate the facts about your accident and help you determine your right to obtain compensation. To set up a free case evaluation, call us today at 302-888-2900 or complete our contact form. We offer strong legal representation throughout the state of Delaware from our law offices in Wilmington, Newcastle, and Seaford.