Maine Pedestrian Accidents Caused by Failure to Yield to Pedestrian in a Crosswalk

Each year, approximately 5,000 pedestrians are killed in accidents involving motor vehicles. Hundreds of these victims are fatally injured while attempting to lawfully cross the street in a crosswalk. For the pedestrian, crosswalks, though developed to provide a place of sage passage, can be deadly. Crosswalk accidents can leave the pedestrian with broken bones, spinal cord injuries, cuts, bruises, and lacerations, scarring, organ or tissue damage, disfigurement, head injury, and brain injury. For the most severely injured, death may occur.

Given the significant risk of severe injury, pedestrian crosswalk victims require the assistance of an experienced pedestrian accident attorney who will help them achieve a full recovery. With the assistance of their qualified attorney, pedestrian crosswalk victims in Maine can bring a personal injury claim against drivers who fail to yield the right of way to pedestrians in a crosswalk.

In an effort to protect vulnerable pedestrians attempting to cross the street in crosswalks, Maine enacted several vital safety laws. Under ME-29-A MRS § 2056, when traffic control devices are not in operation, a motorist must yield the right-of-way to a pedestrian crossing within a marked crosswalk. Pedestrians must, in turn, yield the right-of-way to motor vehicles when crossing a street other than within a marked crosswalk.

ME-29-A MRS § 2056 further provide that when a vehicle is stopped to allow the passage of a pedestrian in a crosswalk, operators of other motor vehicles may not attempt to pass the stopped vehicle.

In addition to the above safety regulations, Maine law also sets out a due care requirement, which states that all operators of motor vehicles shall exercise due care to avoid colliding with a pedestrian and should give a warning horn if necessary. Proper caution should be exercised when a motorist observes a child pedestrian, or an incapacitated or intoxicated adult.

A pedestrian injured while crossing a crosswalk has numerous legal options, including filing a personal injury action against the driver of the motor vehicle. The validity of the claim will turn on the issue of negligence. Crosswalks in Maine are governed by basic traffic laws. Pedestrians are allowed to cross the street inside crosswalks when the traffic signal so allows. In the absence of a traffic signal, pedestrians should look both ways then enter the crosswalk when it is reasonably safe to do so. The pedestrian crossing in a cross walk has the right of way.

Crosswalk accidents can occur any number of ways. Often, the driver of the motor vehicle is not aware the pedestrian has the right away and plunges forward, hitting the lawfully crossing pedestrian. Other times, the motorist is distracted and does not see the pedestrian until it is too late. Both these scenarios involve gross negligence on the part of the motorist, and deserve the attention of an aggressive pedestrian accident attorney.

Generally, each of the scenarios discussed above, wherein the motorist failed to yield to the lawfully crossing pedestrian, would lead to a finding that the motorist acted negligently in injuring the pedestrian. Pedestrians harmed by negligent drivers can seek compensation for their medical expenses, lost wages, pain and suffering, loss of enjoyment, and more.

Sometimes, the pedestrian’s actions in part caused the accident. These incidences could include the pedestrian failing to look before stepping out into the crosswalk, walking distracted, or walking while intoxicated. Maine is a pure comparative negligence state, and as such the negligence of the pedestrian will not bar his or her recovery. Rather, the recovery will be reduced by the percentage of fault the pedestrian played in the accident.

Peter Thompson & Associates provides excellence of legal representation to all crosswalk victims. We will zealously fight to see that you achieve justice for your injuries. Call us today at 1 800.804.2004 to schedule an initial consultation with one of our experienced pedestrian accident attorneys.