When Does a Pedestrian have the Right of Way?

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When Does a Pedestrian have the Right of Way? is reporting on the tragic death of Deajah Hough – a 15-year-old pedestrian who was struck and killed while attempting to cross a busy intersection in Darlington South Carolina recently.

Deajah was hit by both an 18-wheeler and a minivan as she ran across the intersection to catch her school bus. The South Carolina Highway Patrol did not charge either vehicle with a crime as they say the girl was unlawfully crossing the busy highway at the time.

Being both a driver and a pedestrian is a hat most of us wear each and every day. After the tragic loss of such a young life, both drivers and pedestrians are left to wonder – when does a pedestrian lawfully have the right of way?

South Carolina Pedestrian Law

Any person on foot is considered a pedestrian. This includes runners, walkers, individuals in wheelchairs, and people pushing strollers. Skateboarders and roller-skaters are also categorized as pedestrians.

According to the South Carolina Department of Motor Vehicles, every mode of transportation has equal access to the roadway and generally it is a driver’s responsibility to yield to a pedestrian. If a driver sees a pedestrian they must make every attempt to slow down and prepare to stop.

Pedestrians always have the right of way when a crosswalk is present and it is safe for them to cross.

Tips for Pedestrians

Pedestrians are an active part of the roadway system. However, they must use diligence when traveling by foot. It is important to keep in mind that it takes a car traveling at any rate of speed several seconds to slow down and stop. Below are a few more tips to keep in mind when you are acting as a pedestrian.

  • Stay within the designated crosswalk lines at all times.
  • Only cross when given the proper signal to do so.
  • When available, always walk on a sidewalk.
  • Wear bright, reflective colors to be visible to passing cars.
  • Always be aware and check for cars before crossing any roadway.
  • Do not become distracted by a cell phone while attempting to cross a roadway or street.
  • Never walk behind a car.
Tips for Drivers

 A driver never knows when a pedestrian is going to attempt to cross a roadway so it is best to operate your car as though a pedestrian could try to cross in front of the driver at any time. The following are a few strategies to keep in mind when acting as a driver.

  • Always stay alert to the presence of pedestrians, especially children.
  • When near a school or park a driver should take extra precautions for the presence of children and check twice before placing their car in reverse.
  • Sound your car horn to get a pedestrian’s attention.
  • Drive very slowly down a street lined with parked cars to avoid striking a pedestrian coming out from between the vehicles.

If everyone stays alert and minds the above guidelines, both drivers and pedestrians can both safely enjoy the road. However, accidents do happen. If you were a pedestrian who was struck by a car and suffered a personal injury, the attorneys of Bice Law, LLC are here to help. Contact us now to speak with an attorney about the facts of your case.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call 877-BICE-877 today or submit an online request  to get a free consultation with a  personal injury attorney

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