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Who has the right of way

Discussion in 'Auto Accidents, Injuries' started by carstike, Aug 19, 2014.

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  1. carstike

    carstike Law Topic Starter New Member

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    I was walking across the street in New York City. A car was making a right turn and my sign to cross started to flash don't walk. A car struck me while I was crossing the street in the crosswalk. Who has the right of way?
     
  2. mightymoose

    mightymoose Moderator

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    A pedestrian within the crosswalk always has the right of way. The driver is at fault.
     
  3. army judge

    army judge Super Moderator

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    Pedestrians are SUPPOSED to have the right of way at all times.
    That said, look what happened when you tried to enforce your ROW.
    Better safe, than sorry.
    I hope you're not hurt, too badly.
    Seek medical attention, get well soon.
    You might consult an attorney and seek damages from your injuries at the hands of the driver.
     
  4. MrLiou168

    MrLiou168 New Member

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    Not true, but in this case you DID have the right of way. CA has funny laws with respect to pedestrians. If your direction flashed "don't walk" this means your light was still green. You are only at fault if the "don't walk" was solid.
     
  5. army judge

    army judge Super Moderator

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    Fault won't matter if others disobey traffic signals.

    Better delayed, than dead.
     
  6. disagreeable

    disagreeable Well-Known Member

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    No Kill zones in major cities are usually very clear regarding whether the pedestrian has a green light or car traffic does. Though being run down in one can create driver liability it is a defense the pedestrian was stupid.
     

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