If you spend a lot of time walking, crossing the street at a crosswalk might be something that you're very familiar with. However, a crosswalk is not always as safe as you might think, and it only takes one reckless driver to not pay attention and cause you to suffer an accident.
Liability for a Pedestrian Accident on a Crosswalk
Getting struck by a car while walking across a crosswalk can be a life-changing experience. You will likely suffer from injuries for the rest of your life. If you were crossing the crosswalk while the "walk" indicator was on, you would especially be in the right. However, even if the crosswalk indicator has not given you permission to go, the other motorist is expected to be cautious and do everything possible to avoid accidents.
As a pedestrian, you can expect the driver to follow the law and you are not at fault if they break it. For example, if the driver travels through the crosswalk at a high speed and you fail to get out of the way in time or simply continue to walk the street, the driver would still be at fault.
However, after the accident, the driver's insurance provider will most likely try to hold you responsible for the accident. For example, the insurance adjuster may try to argue that you had stepped outside of the crosswalk line. However, a judge would typically rule that stepping slightly out of the crosswalk would still mean that you were on the crosswalk.
The Best Steps to Take
After being struck by the motorist, you will need to seek medical attention as soon as possible even if you believe you are not very injured. If the car stopped soon enough and hit you at a slow velocity, you may only have minor injuries. But you will only know after you have received medical treatment. Your medical treatment will be used to prove that you were actually injured and when calculating the damages you have suffered.
Then, you will want to contact a personal injury attorney in your area. If the auto insurance provider wants to blame you for the accident, you should have an experienced personal injury lawyer handle all negotiations. Your attorney will write a demand letter to send to the insurance provider that will include the largest settlement offer you can come up with after taking into consideration all of your damages.