Pedestrian accidents that occur inside permanent or virtual crosswalks can be very serious, and the color of the light is often a crucial factor. A virtual crosswalk is a pedestrian-activated crosswalk found in busy areas without an intersection. The crosswalks usually have two light colors: flashing yellow (like a green light) and no flashing yellow (like a red light). Unfortunately, many drivers don’t stop when they see flashing yellow lights, even though they are legally required to do so.
These accidents often cause severe or fatal injuries, and the pedestrian death rate is higher than the vehicle occupant death rate. However, Columbus pedestrian accident lawyer can help victims obtain substantial compensation for their injuries, including money for medical bills, pain, and suffering.
When a pedestrian has a green light, they have the right-of-way, and all traffic must yield or stop. Insurance company defenses, like comparative fault, usually don’t hold up in court because pedestrians have the right-of-way in these situations.
Yellow light accidents are more complicated. Some pedestrians may have a hard time crossing the street before the light changes color due to mobility impairments or other issues. Victims who cross the street on yellow lights when they know they can’t make it to the other side before the light turns red are considered less sympathetic. The comparative fault defense often applies in these situations, and both parties may be partially at fault. However, the relative percentage of fault varies, and Ohio has a modified comparative fault jurisdiction with a 51% bar.
In red light accidents, victims don’t have the right-of-way, but partial compensation may still be available under the contributory negligence doctrine. Drivers have a duty to avoid pedestrian accidents, regardless of the light’s color.
To refute contributory negligence defenses, evidence is usually the key. When jurors learn about a victim’s mobility impairments or caution before crossing the street on yellow, they often favor the victim’s division of fault.
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