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I was hit by a car walking in a cross-walk, who is negligent?

A: Crossing the street in a crosswalk can be dangerous of drivers are not paying attention.  As a pedestrian there are certain times you are able to cross the street and there are lights to help regulate pedestrian crossings at stop lights.  If you are crossing the street in the crosswalk on a green light, cars should yield the right of way for you to cross. 

If you come to a yellow light, you should not proceed as there may not be enough time for you to cross without getting into the way of a vehicle. However, if you do decide to cross at this time you are required to yield the right of way to any vehicles. 

Coming to a red light means you shall not enter the road, unless you can cross the road without interfering with traffic. A “don’t walk” light means you should not cross the road. If you encounter a “walk light” you are safe to cross the road in the direction of the signal. 

If you followed all of the rules above and were hit by a car, the driver is most likely at fault. It is a driver’s duty to yield to pedestrians when the pedestrian is crossing at the proper time and shall give warning by sounding their horn if necessary. Likewise, if a pedestrian is crossing a street while walking in a crosswalk the driver of the car or truck has an obligation to yield. 

Regardless if you are in a crosswalk or walking with a “walk light” it is always a good idea to look out for vehicles. Nowadays, many people are talking on their cell phones, texting or otherwise distracted when they are driving which increases your risk as a pedestrian walking across the road. If you decided to cross during a yellow or red light and were struck by a car, you, the pedestrian may be considered at fault, because it is your duty to yield to any vehicles when crossing during a red or yellow light as stated above.