Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Pedestrian accidents that occur in crosswalks have a great impact because they often are associated with serious injuries and in some cases death. Even if pedestrians are not paying attention and are going straight ahead while they are in the crosswalks and do not see the vehicle, that does not excuse the driver who hits them. For safety reasons, there are certain Toledo pedestrian accident crosswalk regulations that people need to abide by. For more information about pedestrian accident regulations, call an experienced lawyer.
The Ohio revised code governs crosswalk regulations, but some cities have individual ordinances that regulate crosswalks. If there is an accident when the pedestrian was walking in the crosswalk while the walk sign was on, there is a presumption that they were not responsible for the accident. If the do not walk sign is on, it is presumed that the pedestrian is at fault for the own accident. When a person crosses a crosswalk without a walk or do not walk sign, then they are more than likely not going to be found liable for the accident. A person may be found responsible for the accident if they are walking outside the crosswalk. However, in this situation, comparative negligence could come into play.
Crosswalks are very common, both in neighborhoods and on major throughways in Toledo. Some major crosswalks in Toledo are on Monroe Street. Others are Secor Road, Central Avenue, and Reynolds Roads, all with numerous crosswalks. Most of these roads have double-digit crosswalks. Due to the high number of crosswalks in the city, it is extra important that people know the Toledo pedestrian accident crosswalk regulations.
Crosswalks can change the driving behaviors. For example, when a driver is making a turn, they must be extra careful because they do not have the right of way. If there are only a green light and no green arrow, the pedestrian in the crosswalk has the right of way.
The use of a crosswalk has an impact on the liability in a pedestrian accident case because there is a presumption that if the individual was in the crosswalk they have the right of way. The only exception would be if there was a do not walk sign or they were crossing outside the crosswalk. In those cases, the pedestrian is presumed not to have the right of way and a jury has to look at the circumstances and the concept of comparative negligence to determine fault and responsibility for the accident. A knowledgeable lawyer could help someone assign liability for their pedestrian accident.
Some of the ways pedestrian accidents can occur in or around crosswalks are when drivers are not paying attention to crosswalks and do not realize a pedestrian are there until it is too late. Another scenario is when a driver is making a turn onto another street and only checks for other cars and not pedestrians in the crosswalks. It is rare to see a pedestrian accident when the driver is going straight. They may occur, however, when the pedestrian is outside the crosswalk. To avoid accidents, it is best that you understand the Toledo pedestrian accident crosswalk regulations.
Charles E. Boyk Law Offices, LLC