Drivers and pedestrians interact every day on public roads and, to keep everyone safe, cities have enacted laws that outline the responsibilities and rights of both groups. In an auto accident involving a pedestrian, that person’s duties and rights determine whether they were negligent or whether they can file a successful personal injury claim.
When Is Someone a Pedestrian Under Traffic Law?
In most instances, anyone traveling on foot is classified as a pedestrian; however, this definition can be broad or restrictive depending on the case, and the courts have tried to define the term better. To that end, the court generally considers scooter riders, skaters and those pulling handcarts to be pedestrians. In some areas, a roadside worker or someone attending to a stalled vehicle is not a pedestrian.
What Are a Pedestrian’s Rights and Responsibilities?
A pedestrian’s rights and responsibilities are different depending on local and state law. It’s important to consult a lawyer to determine your rights if you’re in a pedestrian accident, but there are certain basic rules that apply. Unless the law specifies otherwise, pedestrians have the right to travel upon all highways and public roads, with most restrictions being placed on pedestrian behavior when walking along or crossing a public road.
Crossing a Highway
Pedestrians may cross diagonally or directly at any place in a road; however, crossing at a non-designated point may require that the pedestrian yield to a passing motorist. Many laws restrict crossings to right angles and crosswalks and auto accident attorneys in Brockton can tell clients more about state law.
Walking Along a Highway
Unless otherwise stated, pedestrians may pass along streets and highways and are not always restricted to intersections and sidewalks. However, most areas have laws requiring pedestrians to stay on sidewalks or to walk facing traffic.
Does a Person Involved in a Pedestrian Accident Need a Lawyer?
A personal injury lawyer can tell a client whether their own failure to follow the law contributed to the injury. Victims shouldn’t try to handle these cases alone, but instead, they should call auto accident attorneys in Brockton for help.
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