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If I Am Hit by a Motor Vehicle as a Pedestrian Who Has the Right of Way?

Over the last 14 years, I’ve handled many accident cases involving pedestrians, and a lot of times the question comes up when I’m talking with my client is, “who has the right of way?”

The answer is, it depends on several factors.

Those factors include whether or not the pedestrian was in a crosswalk, whether they were in a shopping area like a parking lot, whether they were on the roadway… But the law does favor pedestrians because the person driving the vehicle is operating a two-ton or several-ton machine and the pedestrian is just a person.

So, I had a recent case where our client was actually leaving a grocery store and she stepped off of the sidewalk, it wasn’t in a crosswalk area, and she had actually taken several steps before she was hit by the car. The driver of the vehicle tried to argue that she had the right of way because the pedestrian, my client, was not in the crosswalk. But because my client had actually traveled several steps and had established herself in the roadway, the law, which favors the pedestrian, says the driver should have seen her and should have been able to stop, especially because it was a high-traffic area.

We were able to get compensation for my client’s injuries, lost wages, medical bills, and settled her case. She was very happy.

So, if you know somebody who’s been in a situation where they’ve been hit as a pedestrian, they have questions about medical bills, lost wages, or even who is at fault because the driver or the police officer was telling them something different, please have them give me a call. I’m happy to walk them through their case and see if we can help them out.

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