Pedestrian Rights After Being Hit in a Crosswalk in Wheeling

We are sure you have heard that pedestrians always have the right of way when traversing the road. But you may not understand your rights as a pedestrian after being hit in a crosswalk.

Unfortunately, Wheeling is well known across news outlets for having a high number of pedestrian safety issues, and when a walker meets a vehicle, these types of accidents tend to result in significant injuries. Learn more about your rights after being hit in a crosswalk in this bustling West Virginia city now.

Do Walkers Always Have the Right of Way in a Marked Crossing?

If you were struck by a vehicle while using a designated crosswalk, you are presumed to have the right of way, and the driver would likely be considered at fault. That does not mean that you do not have certain responsibilities. It is up to you to exercise caution and remain alert whenever you are walking near traffic. However, if a motorist does fail to yield, you may be entitled to compensation for your losses, such as medical bills and lost wages, as well as pain and suffering.

Does Wheeling’s Comparative Negligence Rule Apply to Pedestrians?

Even if you crossed the street against a red light in Wheeling, you may still have a claim under West Virginia’s comparative negligence rule. This system also allows people like you who were injured by a potentially inattentive driver to collect a portion of their damages based on your percentage of fault. For example, if you were found to be 35 percent at fault, you would forfeit 35 percent of your settlement.

This rule only applies if you are less than 50 percent liable for the collision. As a pedestrian, if you are the primary cause of the accident (i.e., 51 percent or more at fault), you would not be able to recover any damages at all.

What Should You Do If You Were Hit in a Crosswalk in Wheeling?

As soon as you are physically able, get out of the road and call 911 for help and seek immediate medical attention. Do not admit fault to any party, even if you believe you may have contributed to the collision. It is always best to speak with your Bordas & Bordas attorney before talking with an insurance adjuster. Your best interests are not on their mind. Protecting the company’s bottom line is its primary focus.

Learn More About Your Pedestrian Rights and Set Your Case in Motion Now

While these basic pedestrian rights apply to everyone in Wheeling, your case is unique and should be treated that way. The knowledgeable attorneys at Bordas & Bordas would advocate for you after being hit in a crosswalk, and in court if necessary.

Give the legal team at our Wheeling office the chance to review your claim. We have won numerous cases that have resulted in millions in compensation for other injured clients, and we could do the same for you. Start the process by reaching out to Bordas & Bordas today and schedule your free initial consultation.