Crosswalks give pedestrians the right of way, and drivers must yield. When drivers fail to yield at crosswalks and strike pedestrians, clear liability often exists. Understanding crosswalk accident claims helps victims pursue full compensation.
Crosswalk Right of Way Laws
Every state requires drivers to yield to pedestrians in crosswalks. This applies at marked crosswalks and unmarked crosswalks at intersections.
Drivers must stop, not just slow down, when pedestrians are crossing or about to cross. The duty continues until pedestrians clear the roadway.
Drivers cannot proceed until pedestrians have completely crossed their lane and any adjacent lane they might enter.
Types of Crosswalk Accidents
Right-turn accidents occur when drivers turn right without checking for crossing pedestrians. Drivers focus on traffic from the left and miss pedestrians approaching from the right.
Left-turn accidents happen when drivers turning left fail to see pedestrians in crosswalks they're entering.
Through-traffic accidents involve drivers proceeding straight who fail to stop for pedestrians in unmarked crosswalks.
Multiple-threat accidents occur when one vehicle stops for a pedestrian but another vehicle passes and strikes them.
Proving Crosswalk Accidents
Being in a crosswalk creates a presumption of right of way. The burden shifts to drivers to explain why they failed to yield.
Evidence establishing crosswalk location includes traffic camera footage, witness testimony, paint markings, and intersection geometry.
Traffic signals at controlled intersections indicate whether pedestrians had crossing signals when struck.
Marked vs. Unmarked Crosswalks
Marked crosswalks have painted lines designating crossing areas. Drivers clearly should expect pedestrians in these zones.
Unmarked crosswalks exist at most intersections even without paint. The law creates crosswalks wherever sidewalks meet roadways.
Drivers owe the same duty at unmarked crosswalks but may argue they didn't see pedestrians as easily.
Controlled vs. Uncontrolled Crosswalks
Controlled crosswalks have traffic signals or stop signs. Pedestrians must obey crossing signals, but drivers must still yield when signals permit crossing.
Uncontrolled crosswalks require drivers to yield whenever pedestrians are present. Mid-block crosswalks are often uncontrolled.
At uncontrolled crosswalks, pedestrians have the right of way once they enter or indicate intent to cross.
Common Driver Defenses
Drivers claim they didn't see pedestrians. However, failure to see what's clearly visible demonstrates negligence, not excuse.
Sudden entry arguments claim pedestrians "darted out." Evidence of pedestrian walking speed and crossing distance counters this defense.
Claims that pedestrians were distracted by phones don't eliminate driver duties to yield and exercise care.
Damages in Crosswalk Cases
Medical expenses for emergency care, hospitalization, surgery, and rehabilitation. Pedestrian injuries are typically severe.
Lost wages during recovery and reduced earning capacity from permanent impairments.
Pain and suffering for physical pain, emotional trauma, and diminished quality of life.
Punitive damages may apply when drivers acted with reckless disregard - drunk driving, excessive speed, or distraction.
Multiple Vehicle Situations
When one driver stops for pedestrians but another passes and strikes them, the passing driver bears liability.
The stopped vehicle may have blocked the passing driver's view, but passing in these situations violates traffic laws.
Both drivers may share liability in some circumstances - one for creating the dangerous situation, one for striking the pedestrian.
Evidence Preservation
Traffic camera footage from municipal systems may capture the accident. Request preservation immediately.
Business surveillance cameras near crosswalks may have recorded the incident. Identify cameras and request footage before deletion.
Witness statements from people who saw the driver fail to yield corroborate your account.
Pursuing Crosswalk Claims
Document the crosswalk location with photographs showing markings, signals, and sight lines.
Obtain the police report and any traffic citations issued to the driver for failure to yield.
Consult an attorney experienced in pedestrian accident claims to pursue full compensation for your injuries.