Proving Liability in Pedestrian Accidents at Crosswalks

Crosswalks are designed to ensure pedestrians’ safe passage across the roadway, especially in places with high vehicular traffic. However, despite the availability of crosswalks, accidents still happen, and many have fatal consequences; pedestrians have no protection when they are hit by vehicles. If an accident occurs at a crosswalk, determining who is at fault is crucial to seeking compensation.

This blog will explore the vital elements of proving liability in pedestrian accidents at crosswalks, focusing on factors affecting liability and how to prove them. If you need help establishing liability and gathering evidence, Terry Bryant Accident & Injury Law can help you.

We will carefully examine your case and create a strategy that can help you secure the best possible outcome. Our initial consultations are free, and we work on a contingency fee basis. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case review.

Why Choose Our Pedestrian Accident Lawyers to Represent You?

At Terry Bryant Accident & Injury Law, we understand the devastating impact of pedestrian accidents. Therefore, we use our experience and resources to help clients get maximum compensation and move on with their lives. Our pedestrian accident lawyers understand the complexities of pedestrian accident cases and the challenges of proving liability.

We will conduct comprehensive investigations and gather crucial evidence, such as accident reports, witness statements, traffic camera footage, and expert testimony, to build a strong case on your behalf. We will also provide empathetic support and personalized attention to ensure your case’s success. You can count on us to prioritize your interests and help you achieve the desired result.

When you choose us to represent you, you gain a dedicated legal and support staff committed to protecting your rights and maximizing your compensation.

Factors Affecting Liability in Pedestrian Accidents at Crosswalks

There are several factors to consider when proving liability in a pedestrian accident at a crosswalk. They include the following:

Right of Way

In most cases, pedestrians have the right of way when using a marked crosswalk or at an intersection with a pedestrian signal. If drivers fail to yield to pedestrians, they will be liable. However, the driver might not be liable if the pedestrian crossed illegally outside the designated crosswalk.

Compliance With Traffic Laws

Whether the pedestrian or driver adhered to traffic laws plays a significant role in determining liability. For example, fault may be shifted or shared when a driver runs a red light or ignores a crosswalk sign, or a pedestrian jaywalks.

Visibility and Environmental Conditions

Poor lighting, obstructed views, or adverse weather conditions can impact a driver’s ability to see a pedestrian or a pedestrian’s ability to assess traffic. These conditions and other contributing factors may influence how fault is shared.

Driver or Pedestrian Behavior

Negligent behavior, such as driving distracted, driving while intoxicated, or failing to adhere to traffic rules, can significantly increase the driver’s liability in an accident. Likewise, pedestrians who are distracted, intoxicated, or fail to look before stepping into traffic may bear partial or complete responsibility for the accident.

Marked vs. Unmarked Crosswalks

The presence or absence of a marked crosswalk can strengthen or weaken a pedestrian’s case. However, liability can still be contested if the driver can demonstrate that the pedestrian acted recklessly.

These factors make it easier to apportion blame using the modified comparative negligence rule after a crosswalk accident injury. Under the law, you can receive compensation if you are less than 51% at fault for the accident.

Video footage, eyewitness accounts, and reports of accident reconstruction experts are essential evidence in establishing liability after a pedestrian accident in a crosswalk. 

How to Prove Liability in Pedestrian Accidents at Crosswalks

You must prove liability if you want compensation for a crosswalk accident injury. Proving liability in pedestrian accidents involves the following:

Establishing the Elements of Negligence

Establishing the four elements of negligence helps you link the accident and damages suffered with the responsible party’s actions. Essentially, you need to demonstrate the following:

• Duty of Care: Drivers and pedestrians have a duty of care to act responsibly and follow traffic laws. Drivers must yield to pedestrians at marked crosswalks and exercise caution in areas with heavy foot traffic. Pedestrians, in turn, must observe crossing signals and avoid stepping into traffic unexpectedly.
• Breach of Duty: Here, you must prove how the other party breached the duty of care. For example, drivers failing to yield to pedestrians at marked crosswalks breach the duty of care.
• Causation: There must be a direct or proximate link between the accident and the injuries. Thus, the at-fault party’s actions must have caused the accident, resulting in the injuries.
• Damages: Lastly, the accident must have resulted in damages. Damages refer to monetary and non-monetary losses, such as medical expenses, lost wages, property damage, loss of earning capacity, and pain and suffering.

Collecting Evidence

Evidence is needed to prove liability after a pedestrian accident. The following types of evidence required:

• Police Report: It contains the official documentation of the accident, which may include observations and preliminary fault assessments of the responding officers.
• Witness Statements: Eyewitness accounts help to clarify who had the right of way or violated traffic rules.
• Surveillance Footage: Traffic or nearby business security cameras that captured the incident help prove liability.
• Photographs: Images of the accident scene, crosswalk, and injuries provide context and corroborate claims.
• Expert Witness Testimony: Testimony from accident reconstruction experts helps determine who is liable for an accident.

The Role of Lawyers in Proving Liability in Pedestrian Accidents at Crosswalks

Legal representation is vital when seeking compensation after a pedestrian accident at a crosswalk. A lawyer knows what is needed to establish liability and how to use evidence to identify the at-fault party and show their liability. Here’s how we approach proving liability in pedestrian crosswalk accidents:

• We will work with investigators to collect crucial evidence, including accident reports, traffic camera footage, and photographs of the scene.
• We will examine road conditions, visibility, and whether traffic signals or signs function correctly.
• We will gather and preserve evidence, ensuring they are not lost or destroyed.
• We will examine the driver’s behavior during the accident to determine if they breached their duty of care.
• If there is evidence of shared fault, we will work to minimize your percentage of fault.

Our involvement increases the chances of a favorable outcome and ensures you receive the justice and financial relief you need to rebuild your life.

Call Now For a Free Consultation

At Terry Bryant Accident & Injury Law, we dedicate time and resources to our clients’ cases.  You can count on us to do all we can to help you prove the other party’s liability and get you compensation. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.