Pedestrians can regularly find themselves in a scenario where they find themselves vulnerable to accidents and injuries on the road. 

Understanding the legal rights of pedestrians and their options for claiming compensation is crucial in ensuring justice and accountability. 

It is always advisable to seek professional guidance from a personal injury attorney so that you know what your options are. In the meantime, it is a good idea to gain an understanding of what your legal rights are.

This article explores the legal framework surrounding pedestrian rights and outlines the avenues available for seeking compensation in the event of being injured.

Legal rights of pedestrians

Pedestrians enjoy a set of legal rights designed to protect their safety on the streets. 

These rights vary by jurisdiction. Although state laws might deviate,  some common elements remain stable. These include the right of way at crosswalks, the expectation that drivers will yield in designated pedestrian zones, and the right to a safe environment while walking on or near roadways. 

These rights are often pivotal in establishing liability in the event of an accident.

Duty of care

The bottom line is that every motorist owes a duty of care to pedestrians.

This means drivers must operate their vehicles responsibly and with caution to avoid causing harm. Failure to uphold this duty can result in legal consequences for the driver. 

This duty of care also extends to adhering to speed limits, obeying traffic signals, and remaining vigilant for pedestrians at all times.

Negligence and liability

In the unfortunate event of a pedestrian accident, establishing negligence is crucial in determining liability. 

Negligence occurs when a party fails to exercise the standard of care expected of a reasonable person, leading to harm being caused.

In the context of pedestrian accidents, this might involve distracted driving, speeding, or disregarding traffic signals. 

If negligence can be proven by your attorney, the responsible party may be held liable for the pedestrian’s injuries.

Options for claiming compensation

Make an insurance claim – Pedestrians injured in accidents with motor vehicles may be eligible for compensation through the driver’s insurance. In many cases, the driver’s liability insurance will cover medical expenses, lost wages, and other damages incurred by the pedestrian. Gathering evidence, such as witness statements, photos, and medical records, is crucial for a successful insurance claim.

Issue a personal injury lawsuit – Your personal injury attorney can advise if the insurance coverage is insufficient or the driver is uninsured. In this scenario, they might suggest you pursue a personal injury lawsuit against the at-fault party. 

Consulting with a personal injury attorney is always advisable to navigate the legal complexities involved in such cases. Your attorney can help assess the damages, file the necessary paperwork, and negotiate a fair settlement or represent you in court if needed.

Make a government liability claim – In some cases, poor road conditions or inadequate infrastructure may contribute to pedestrian accidents. You may be able to file a claim against the government entity responsible for maintaining the roadway if negligence on their part is established. You should be aware that this process involves specific legal requirements and limitations.  Consultation with a knowledgeable attorney is essential.

Understanding your legal rights as a pedestrian allows you to make an informed decision as to what sort of compensation you can claim. Your personal injury attorney will be able to answer all of your questions in this respect. You should consult with a legal professional as soon after your accident as possible.