Introduction
The issue of pedestrians being hit in urban centers remains a veritable epidemic, bringing with it potential for unimaginable injury or even death. The intricacies of right of way laws are essential not only to the potential victims but also to the legal counsel who will represent them. This article considers the intricate details around the topic of right of way for pedestrians, legal issues emerging from pedestrian accidents, and the ways in which a review of medical records can assist lawyers during these proceedings.
What Does “Right of Way” Mean?
Definition of Right of Way
Right of way is a term used to describe a legal prerogative, which for a person traversing a road, means crossing a particular portion of the road in the desired direction without being obstructed. From the perspective of pedestrian safety, it helps to define which street the passer-by can and cannot go across at and which vehicle has to stop.
Importance of Right of Way Laws
Right of way laws are enacted primarily to offer guarantees to pedestrians with the aim of protecting them from dangers posed by motor vehicles. Understanding these laws is helpful for accident counting and assigning responsibility for accidents.
When Do Pedestrians Have the Right of Way?
1. At Crosswalks
- The Marked Crosswalks: When a pedestrian is crossing at marked crosswalks, that individual has the right of way. Pedestrians in the crosswalk or drawing near it should be given the priority by the drivers.
- Unmarked Crosswalks: Specific crosswalks which are not marked still give right of way to pedestrians and the drivers are obligated to give way.
2. When the Signal Indicates “Walk”
Pedestrian signals are crucial to the safety of pedestrians. It signals the drivers not to proceed and let pedestrians to cross the road first.
3. In Parking Lots
People with right of way: Yes. Vehicles and pedestrians usually share the parking lot. Therefore as a driver, you must always remain alert and give way to people.
4. At Roundabouts
Pedestrians who are crossing roads on specified crossings at the roundabout have the right of way. All vehicles must stop for pedestrians before or drive into the roundabout or while round driving to the roundabout.
When Do Pedestrians Not Have the Right of Way?
When Traffic Signals Indicate “Don’t Walk”
The pedestrian must comply with way signals. Whenever they indicate “don’t walk”, the pedestrian should restrain from using the cross walk.
When Crossing Against Traffic
Pedestrians who cross streets outside of designated crosswalk are likely to have no right of way due to lack of designating traffic signal eliminating the duty of care being owed making them liable for damages.
Under Specialty Road Conditions
Sometimes when the pedestrian’s pathway is undergoing repairs or the crosswalks are not easily detectable, they may not have precedence over vehicles. These are cases where pedestrians should be extra cautious.
Legal Implications of Pedestrian Accidents
Determining Liability
Liability in pedestrian accidents can be complex, often involving multiple parties. Key factors include:
- Driver’s Failure to Yield or Negligence: Any driver that does not stop for a crossing pedestrian is most likely going to be liable for injuries.
- Pedestrian’s Actions: Obviously if a person crosses when the sign is ‘do not cross’ or does not utilize pedestrian lanes, chances are they are to blame.
The Role of Medical Records
Medical records are essential in establishing the extent of injuries sustained in pedestrian accidents. They provide critical evidence for attorneys to build strong cases, demonstrating the impact of the accident on the victim’s life.
Common Injuries Resulting from Pedestrian Accidents
Pedestrian accidents can lead to severe injuries, including:
- Traumatic Brain Injury (TBI): Injuries typically sustained due to the collision with the vehicle’s body or other parts.
- Spinal Cord Injury: This may result in partial or complete inability to use certain parts of the body.
- Fractured Limbs: Commonly caused by the forces exerted during the collision.
- Soft Tissue Injuries: Such as Sprains, Strains, and Contusions.
- Internal Injuries: Even organs can get damaged, which is quite serious and possibly life-threatening.
How Medical Records Review Services Assist Attorneys
Importance of Medical Records in Legal Cases
Medical records provide vital information regarding the injuries sustained by the pedestrian, including:
- Diagnosis and Treatment: The medical attention given after the crash.
- Prognosis: They give hints on what the future impacts of the injury will be.
Case Studies
Case Study 1: Pedestrian Accident with Severe Injuries
Description: A 28-year-old woman was hit by a car during a crosswalk. The car driver did not stop for a red traffic light and the pedestrian walk signal was active.
Challenges: The driver claimed that the pedestrian did not look before crossing and was distracted. This made it difficult to prove who was liable.
Solutions: The attorney hired a medical record review service and collected evidence of the entire medical treatment, such as the ER visit report and the follow-up treatment report from outpatient rehabilitation. This fact alone supported the argument on the need for treatment.
Case Study 2: Fatal Pedestrian Accident
Description: An old man was hit by a car while crossing the street without a crosswalk. The driver said the blame laid with the pedestrian for not stepping on the crosswalk.
Challenges: The defense was of the opinion that the pedestrian’s actions caused the accident and therefore provided an obstacle to the family’s claim for general damages.
Solutions: The law firm made use of medical records review services to obtain evidence regarding the medical history of the victim and how the accident affected the family. These included expert witness testimony concerning the accident and the health of the victim prior to the incident.
Conclusion
Every victim and attorney on a pedestrian accident case should have a solid grasp over the pedestrian right of way laws. Medical record review services offer attorneys added value in the formulation of their case strategies and hence, better results. With pedestrian safety being an essential issue in today`s society, these steps need to be taken in order to obtain justice for victims.
