Pedestrians in The Crosswalk
Anytime there is a collision between a car and a pedestrian, the law of gross tonnage applies. The law of gross tonnage means that the body in the collision with the greater weight is going survive the collision and inflict great damage on the other body. It is for this reason I write this blog. Pedestrian car collisions result in serious personal injury to the pedestrian including brain injury, broken bones, spinal cord injury, amputations, paralysis and even wrongful death. For these reasons, pedestrians in a cross walk are given greater protections which place greater duties on drivers.
A cross walk is specifically defined in Indiana Law. A crosswalk is either part of the roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the road measured from the curbs , or in the absence of curbs, from the edges of the traversable roadway. Or A part of the roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. It is my experience that cars hit pedestrians at cross walk most often in one of two ways. The first is at the intersection. A driver wants to make a right turn, and to do so is looking to the left for oncoming traffic. Once traffic clears, the driver fails to look left, starts the turn and hits the pedestrian in the crosswalk. Remember to look back to the right in these situations, before entering the intersection. The second common collision is at the non-intersection crosswalk. This crosswalk may be in the middle of the block. Another car stops to let a pedestrian cross, and the second car does not stop and hits the pedestrian. Be warned, it is against the law for a car to pass another car stopped at an intersection. See Indiana Code 9-21-17-6.
Please keep alert for pedestrians. You will never forgive yourself for the harm you cause and the family who suffers the loss associated with a pedestrian/car collision may never recover.