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Pedestrians and Right-of-Way

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

When it comes to pedestrians and vehicles on the road, the right-of-way is not always clear-cut and absolute; it often belongs to pedestrians, while in other situations the opposite is true. A recent accident in Sarasota, Florida, involving a pedestrian and a motorcycle reminds us all of the gray area which may occasionally present itself.

In this accident, the pedestrian walked in a road’s mid-block into a motorcyclist’s pathway and was struck by his vehicle, causing serious injuries. According to the particular highway patrol officer who filed the accident report, the motorcyclist’s right-of-way was violated by the victim. Pedestrians do have the right-of-way when walking in crosswalks; however, because this victim was at a mid-block, she was in violation of the motorcyclist’s right-of-way.

In some situations, location can make a difference. On average, pedestrians who are injured at crosswalks may sustain less serious injuries than those who were crossing mid-block, largely due to the fact that most drivers approaching intersections are either slowing down or prepared to do so. If you’ve been hit by a car or motorcycle while walking in a crosswalk, you may be eligible to file a personal injury claim if the driver violated your right-of-way. If you’ve been injured while crossing mid-block, a civil lawsuit may still be filed, but you may be less likely to earn compensation unless specific negligence-related factors are established, such as intoxication or speeding on behalf of the driver.

About 95% of all pedestrians who are involved in accidents with vehicles sustain injuries as a result. If you or a loved one has been injured by a motor vehicle, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorney’s fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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