Monday, April 21, 2008

Med Student's Death Prompts Reminder in Rights of Pedestrians in Roadwary

The Hartford Courant is today reporting that a 27 year old Yale Medical School Student was struck and killed by an automobile as she attempted to cross South Frontage Road in New haven on Sunday morning.

This tragic accident reminds me that the laws concerning the use of the highway by a pedestrian or not as pedestrian friendly as you might think.

In many States, a pedestrian always and absolutely has the right of way when he or she enters a roadway. All vehicular traffic has to yield the right of way.

In Connecticut, a pedestrian has the right of way over a motor vehicle ONLY when that pedestrian is in a crosswalk. If for some reason the pedestrian attempts to cross a road at a point other than a crosswalk, then the law is going to favor the operator of the motor vehicle. This harsh result surprises many people yet it is the primary reason lawyers are careful to accept death and injury cases resulting from pedestrians being struck by cars on a roadway.

If you need to cross, do so in a marked crosswalk if at all possible. If you or someone you love is injured as a pedestrian, feel free to call me for a careful, individual analysis of your particular situation.

James F. Aspell

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