Some of the most severe injuries occur when motor vehicles and pedestrians collide. Pedestrians have significant rights of way, even if they are jaywalking or walking in an unmarked crosswalk. Unmarked crosswalks are generally any point of crossing between two intersections that lack traffic control lighting.
The law requires a driver or pedestrian to yield the right of way when called for. However, even if someone has the right-of-way, that person must use reasonable care to avoid an accident.
Within a crosswalk, a driver of a vehicle must yield the right-of-way to a pedestrian who is crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
Pedestrians must also use reasonable care for their own safety. Pedestrians may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.
The failure of a pedestrian to exercise reasonable care does not relieve a driver of a vehicle from the duty of exercising reasonable care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.
Furthermore, whenever any vehicle has stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
If you, or someone you know, has been injured while walking, make sure to retain counsel that knows the rights and privileges pedestrians enjoy while using roadways. Call the attorneys at Freeburg & Granieri, APC for further information.
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