When navigating the aftermath of a pedestrian accident, one of the most important aspects is the right of way when the accident occurred. The right of way helps to determine the legal responsibility of a driver and pedestrian when crossing the street. As such, if a pedestrian accident occurs, parties will often look at who had the right of way when determining liability.
We want to help you fully understand when pedestrians and drivers have the legal right of way on the road and determine who is responsible for a collision.
The Pedestrian’s Right of Way
The pedestrian has the right of way when they are crossing the street at a marked or unmarked crosswalk. An unmarked crosswalk often means that there may not be a sign or markings on the road, but it’s clearly a location for a pedestrian to cross the street.
Whenever a pedestrian is walking through a crosswalk, the driver must yield to them. It’s up to the driver to ensure the pedestrian is out of harm’s way, but the pedestrian should still pay close attention to the potential dangers.
The Driver’s Right of Way
The driver has the right of way whenever a pedestrian is attempting to cross the street where they shouldn’t. For instance, if a pedestrian is jaywalking illegally, the driver wouldn’t have a legal obligation to yield to the pedestrian. Even in these situations, it’s vital to look at the factors concerning the crash to determine who is at fault.
Our Jackson pedestrian accident lawyers at 'Maggio | Thompson, LLP work to help you during these trying times. We know how challenging it is to navigate any legal battle, and it’s even more difficult when dealing with an injury. Let our skilled legal team stand in your corner and help you through it while seeking maximum compensation on your behalf.