What is an unmarked crosswalk?
Do you know about unmarked crosswalks?
In an unmarked crosswalk, does the driver or pedestrian have the right of way? Many of you might guess it’s the driver, but that’s not necessarily the case. It’s actually a little confusing.
Arizona statute 28-793 says, “A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.”
However, 28-792 says, “If traffic control signals are not in place or are not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be in order to yield, to a pedestrian crossing the roadway within a crosswalk.”
Arizona Pedestrian Accident Lawyer Ken Gerber says the law “always comes as a shock to insurance companies because they are not familiar with it. But once they understand the law, they have a difficult time arguing that a pedestrian did not have the right of way in an unmarked crosswalk.”
Gerber says the interpretation of the law is there are such things as “unmarked crosswalks” where the pedestrian has the right of way when crossing the street.
“These “unmarked crosswalks” are typically found, and most obvious, where sidewalks end on one side of the road and begin again on the far side of the road,” says Gerber. “For whatever reason, the roadway designers did not paint lines across the road to connect the sidewalks.”
“The result for pedestrians, unfortunate enough to be hit by a car, is that they should not give up hope of a recovery to help them with their bills until they’ve had an attorney familiar with these cases review their situation,” Gerber says.
As an Arizona Pedestrian Accident Lawyer, Gerber has been very successful at representing pedestrians who’ve been by cars.
“The result for drivers is the same mantra…slow down, keep a lookout, pay attention and be safe.”
We recently posted information on how pedestrians in Arizona have a greater chance of dying than anywhere else in the country. Click here for more info: https://gerberinjurylaw.com/arizona-1-country-pedestrian-deaths/
If you’re a victim of a pedestrian car crash, call the expert in Arizona pedestrian accidents. Attorney Ken Gerber is here to give you a free consultation.
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