Who is Liable When a Pedestrian Gets Hit By a Car in a Crosswalk?

Liability Considerations
If the pedestrian is at fault, the driver may avoid liability. However, drivers hitting a pedestrian lawfully in a crosswalk could face [1]:

Civil lawsuits
Driver’s license penalties
Traffic citations
Criminal prosecution

Potential Consequences for the Driver

Traffic Tickets and License Sanctions: This may occur immediately following the incident.
Personal Injury Claims: The pedestrian can file for damages.
Criminal Charges: Especially if the driver was under the influence or fled the scene.

If the pedestrian is at fault, the driver might not face any repercussions. However, if the driver is at fault and the pedestrian is seriously injured or killed, the consequences will be severe.

What to Do as a Pedestrian Hit by a Car in a Crosswalk

Seek Medical Treatment
Always seek medical attention, even for minor injuries, as some trauma might only be detected by a doctor [2]. Medical records from this visit will serve as crucial evidence for your lawsuit.

Preserve Relevant Evidence
You are unlikely to be able to take photos and videos in the immediate aftermath of getting hit by a car, but if it is at all possible and safe to do so, it’s a good idea. You may also be able to return to the accident scene to get photos and videos of it.

Additionally, gather evidence like traffic light camera footage, dashcam recordings, witness statements, police reports, and medical documentation. An attorney can assist in collecting all necessary evidence for your case.

Pedestrian Accidents and Vehicular Manslaughter

According to the NHTSA, pedestrian deaths made up 17% of all traffic fatalities in 2019 [3].

In most states, drivers who negligently, recklessly, or unlawfully operate a vehicle and cause the death of another person can be charged with vehicular manslaughter. Other states don’t have specific vehicular homicide laws, but rely on general homicide laws, like involuntary manslaughter, to prosecute drivers who cause the death of another person

Definition and Penalties
Vehicular manslaughter typically involves causing death while:

Driving negligently or recklessly
Violating DUI laws
Committing traffic offenses

Penalties vary by state, with some classifying the crime always as a felony, while others may consider it a misdemeanor or felony based on circumstances.

Personal Injury Lawsuits

If you’ve been injured due to someone else’s negligence, you may be entitled to compensation through a personal injury lawsuit. At Schmidt & Clark, LLP, we represent those injured in various accidents, including car crashes, slips and falls, and medical malpractice. Our experienced attorneys are dedicated to guiding you through the legal process and securing the compensation you deserve, holding the responsible parties accountable.

Personal Injury Lawsuits in Pedestrian Accidents

Filing a personal injury lawsuit after a pedestrian accident involves gathering evidence like witness statements, police reports, and surveillance footage to establish liability. Victims may seek compensation for medical expenses, lost wages, pain and suffering, and other related costs.

A knowledgeable lawyer can build a strong case, negotiate with insurance companies, and advocate for fair compensation. Contacting a lawyer promptly after the accident ensures your rights are protected and evidence is preserved.

For those in California, finding a qualified attorney involves seeking recommendations, researching online, and scheduling consultations to find the right fit for your case. If you’ve been involved in a pedestrian accident, seek legal guidance to navigate the process and obtain the compensation you deserve.

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Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.shouselaw.com/ca/blog/pedestrian-hit-by-a-car-in-the-crosswalk/
2. https://www.casebarnettlaw.com/blog/pedestrians-hit-by-cars-in-a-crosswalk-may-be-able-to-sue-in-california.cfm
3. https://www.nolo.com/legal-encyclopedia/pedestrian-car-accidents-civil-vs-criminal-consequences.html

Pedestrian Hit by a Car in the Crosswalk: What’s Next?