When you were a child, your parents probably told you to look both ways before crossing the street. Since you’re sitting here reading this, you probably took their advice as a child, but what happened when you got older? Did you discover that crosswalks were made specifically for people who wanted to cross the street? Did you pay attention to crosswalk signals and rely on them to keep you safe on your journey? We are all busy people, and taking those extra five seconds to look to the left and right before crossing the street may seem silly when there is a flashing crossing signal telling you that it is safe to walk. That being said, remember your parents’ teachings and take those seconds into consideration. Even as an independent adult, it is still very important to, you guessed it, look both ways before stepping off the curb.
Many people think that as pedestrians (people who cross the road instead of drive on it,) they have the right of way to get to their destination before the driver of a car makes his or her move. One might also believe that if they are hit by a car while crossing the road, the fault is entirely that of the driver. Are these statements similar to what you believe? An article written by Robert S. Kelner and Gail S. Kelner in the New York Law Journal addresses the issue of pedestrian and driver liability at intersections. In their work, they present some areas of the law that might surprise you.
For starters, think of right-of-way in terms of priority. Basically, it designates who should go first, a pedestrian or a driver. The right-of-way doesn’t just belong to someone crossing the street. In certain situations, a driver has the right of way. To stay on the safe side, always cross at a marked crosswalk or intersection whenever possible. When you cross in those areas, you do have the right-of-way and drivers must stop or yield to let you cross. However, when someone crosses the street anywhere other than a marked or unmarked crosswalk, the right of way belongs to the driver. This doesn’t mean you should just strut out into the road wherever there is a crosswalk. As a pedestrian, the law states that you must show due care before crossing. This includes looking for oncoming traffic before crossing the street. If you do not take the time to check your surroundings and get hit by a vehicle, the driver may be able to prove that you were negligent when walking. If they are able to do this, you may not be compensated for your injuries.
There have been cases where drivers have turned a corner and hit someone who did not look in their direction before leaving the sidewalk. In those cases, the pedestrian was considered comparatively negligent, meaning they were also at fault for the accident. A pedestrian who is comparatively negligent can still be awarded damages, but the damages are reduced by the percentage that the pedestrian is found to have contributed to the incident. To avoid such problems, look to both your left and right before crossing the street. It does not satisfy your duty of care to simply glance in one direction and walk forward.
It is important to keep in mind that not all crosswalks are marked. You also have the right-of-way at the corner of a four-way intersection where the roads run perpendicular to each other in such a way that the corners of the sidewalks like up with one another. Even thin, you still have to look both ways before moving forward.
You are not required to look behind you when crossing the road as this is considered to be unsafe. It is assumed that if a vehicle is approaching from behind you, the driver should see you before making a turn or driving across an intersection. To put it plainly, you have your job to secure your own safety by looking to the left and right before crossing, and at the same time a driver must fulfill their obligations as well. These include: keeping their vehicle in appropriate condition, maintain a proper lookout, and be aware of people and objects within their field of view. In this way, the responsibility of safety is shared between the two parties. If one fails to show due care, severe injury and loss can occur.
If you have any questions concerning pedestrian safety and compensation, or if you or a loved one have suffered a related injury, please contact Poissant, Nichols, Grue, and Vanier at (518) 413-1440. We have offices in Potsdam, New York and Malone, New York.
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