Most of us have been raised with the notion that motorists should always give way to pedestrians. Whether the pedestrian is crossing the street or stepping off the curb in the middle of a turn, we all have an innate understanding that the driver should do everything it takes to avoid a catastrophic tragedy.
However, if a collision does take place, is it ever possible for the pedestrian to be at fault?
Always give way to pedestrians.
Pedestrians have the right of way at all intersections in Central and Southern Ohio, regardless of whether or not the crossing is marked. This includes crosswalks that have been designated as such. When a pedestrian makes eye contact with a motorist, Central and Southern Ohio drivers are instructed to give the right of way. Making eye contact with the vehicle’s operator is the most effective method for a pedestrian to establish oneself.
Small Exceptions To This Rule
It is not always the case that pedestrians have the right of way. For instance, a pedestrian cannot cross a road anywhere other than an intersection. A pedestrian walking in the street is expected to yield to oncoming traffic, but cars are obligated to yield to the pedestrian. Even if the pedestrian does not have the right of way, automobiles are required to stop and wait for them if the pedestrian refuses to move out of the way of oncoming traffic.
According to the law, pedestrians are forbidden from “suddenly leaving a curb or other point of safety and walking or running into the path of a vehicle that is so close as to represent an immediate hazard.” These restrictions become murky and difficult to understand when it comes to pedestrians entering traffic. The pedestrian or the driver may have difficulty making an insurance claim due to the wording’s vagueness.
Because the term “immediate hazard” does not have a clear definition, insurance companies may argue that a pedestrian is responsible for an accident if they go off the curb and into traffic. This is because an “immediate hazard” does not have a clear definition. A motorist, on the other hand, may claim that they are not at fault for the collision since the pedestrian stepped off the curb, in which case they should see a Columbus motorcycle accident lawyer.
Determining who is at fault can be fraught with anxiety, particularly in situations where the victims require insurance to pay for their damages and medical treatment. Because of this, deciding who was responsible for an accident involving a pedestrian should be left to an expert attorney.
Pedestrians should adhere to these three easy rules whether they are crossing the street at an intersection, within a crosswalk, or when there is no crosswalk present:
Proceed With Caution.
Pedestrians need to be aware that not all motorists are familiar with the regulations of the road. They should always be aware of what is happening around them.
Pay Attention To Traffic Control Devices.
“No pedestrians… shall violate the directions of any traffic control device deployed in compliance with this chapter,” reads a provision of the Ohio Revised Code. Signs and signals are both included in the category of traffic control devices. Those who walk on foot should keep an eye out for these gadgets and become familiar with the meanings of their symbols.
Know The Rules.
When we were younger, our parents and teachers took the time to explain the distinction between the WALK and DON’T WALK pedestrian crossing signs and the difference between the walking person and the palm-up symbol. The pedestrian always has the right-of-way whenever one of these signals or symbols is displayed. To put it more plainly, if the word WALK or an image of a person walking steadily is displayed, a pedestrian is permitted to start crossing in the direction the signal indicates. Note, however, that “[a] pedestrian shall cede the right-of-way to vehicles lawfully within an intersection at the time that the walking person signal indication is first presented” (the pedestrian must give way to cars when the walking person signal indication is first shown).
A pedestrian is not permitted to begin crossing in the direction indicated by the signal if the word “DON’T WALK” or a flashing palm with its fingers raised is displayed. If a pedestrian begins to cross the roadway on a symbol depicting a steady walking person and then sees a, DON’T WALK or a flashing upturned palm while they are crossing the roadway, they are permitted to continue crossing the roadway to the opposite side of the road, unless a traffic control signal directs the pedestrian to a median or some other area. If a steady palm facing upward is displayed, pedestrians are forbidden from crossing the street in the direction the signal indicates.
Drivers should use caution and keep an eye out for foot traffic. Pedestrians do not have the right of way unless they are in a crosswalk at an intersection. They need to be on the watch at all times for passing cars so that they don’t get hit.
One potential problem with the concept of the right of way is that some people may mistakenly believe that because they are on the safe side of the right of way personal injury attorneys Ohio, they will not be injured. In most cases, they do not.