QUESTION

can you be considered "crossing" if the traffic light is in red and you are in pedestrian lane?

Asked on Oct 16th, 2013 on Automobile Accidents - Rhode Island
More details to this question:
I am currently a college student 1 hour away from home, I was called that my mother was in the emergency room didn't know what happened rushed home she got stitches and staples in her skull. Last thing she remembers was leaving a store, from what people are saying is that she crossed the street and was hit by a car. The police report says that she crossed when the light red, but that makes no sense to why she would even consider crossing if the light was red, she was in the pedestrian lane the car was turning left and there was no turn signal on that specific light so what I am thinking is that the person driving did not look left when turning and struck my mother. Is there anything we can do? (what I was personally thinking was going to see the security tapes from where she got hit in front of B of A and a gym so they are bound to have cameras)
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8 ANSWERS

Admiralty and Maritime Law Attorney serving Gulf Breeze, FL at Law Offices of John W. Merting, P.A.
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Get videos promptly before they are taped over. If they show driver was at fault and not your mother she could bring a claim against the driver and the car owner.
Answered on Oct 17th, 2013 at 1:16 PM

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James Eugene Hasser
What you are doing by way of investigation is exactly what you should be doing. Interview witnesses and look at the tapes. Seriously consider consulting an experienced personal injury lawyer. Some have investigators to help. Good luck.
Answered on Oct 17th, 2013 at 10:25 AM

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Ronald A. Steinberg
Regardless of whether or not the light was red, if she was plainly visible to the driver, the driver should have stopped to avoid hitting her. One needs a license to drive, but not to walk. She could be ticketed for interfering with traffic, but that does not justify a distracted driver hitting her when she is in plain view. The only defense to this would be if she walked into the side of the car. If she was anywhere in front of the car, the driver should have seen her and avoided hitting her.
Answered on Oct 17th, 2013 at 9:36 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Pedestrians in a crosswalk have the right of way. Instead of guessing, why don't you review the videos and see what really happened.
Answered on Oct 17th, 2013 at 8:40 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I think asking the Gym about cameras is a good idea. If they have cameras that cover the intersection, ask them to preserve the video from that date and time (I think you are overly optimistic in thinking they are bound to have cameras, but it is worth a shot). You might also check with the City (if this was in a City) to see if the City had cameras at the intersection. Many Cities now have cameras at traffic lights. You should get your mother to consult an attorney who can investigate the incident (she's going to need one anyway if the driver is at fault). I cannot answer your question as to whether she was "crossing" without knowing her direction vs. the car. I am assuming that she was walking through the intersection in a lane for pedestrian to cross, and walking in the same direction as the car, or in the opposite direction, that the car turned left, which cause the car to be traveling perpendicular to the direction she was walking. If that is the case, she was likely crossing appropriately with the green ligh. However, at some intersections, there is a light for pedestrians that indicates when to cross. Often, the pedestrian light will indicate it is time to cross, and then indicate do not cross even though the light is still green in the direction the pedestrian is crossing. The bottom line is, the officer does not determine who is at fault in a civil claim or lawsuit for damages. The court does and she has a right to file a claim or suit.
Answered on Oct 17th, 2013 at 8:37 AM

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Unless a local business has such security tapes and is willing to let you see them [doubtful; but would let police if they ask which they may not], a trier of fact would have to assume your mother had a red light at some point while crossing [if the driver lies as to other matters the fact trier is legally allowed to disbelieve their testimony as to the light color]. That does not mean she started to cross on a non-green light [is there a separate pedestrian light] as she had to be somewhat more then half way across the street when she was hit. We do not know how fast she walks. Also, presumably the car entered the intersection?on a non-red light and was moving not that much faster than someone would walk. Even if your mother had started walking against the red light [was there any cross-traffic?] the car driver should have looked and seen her; you can not run into someone because they are jay-walking. So your mother has enough of a case that the inasuance company would probably be willing to pay something for her injuries.? But you will need an attorney to represent her to get a higher amount from them.
Answered on Oct 17th, 2013 at 1:19 AM

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Best thing to do for mom is help her locate a personal injury attorney. You are not trained to investigate the matter and might do more harm than good.
Answered on Oct 16th, 2013 at 7:16 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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I think those are good ideas.
Answered on Oct 16th, 2013 at 7:16 PM

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