My mother was run down in a marked crosswalk in broad daylight. Is the driver liable even if there wasn’t a signal?
In many jurisdictions, a pedestrian who is in a marked crosswalk has absolute right-of-way and, if this is the case where you live, the driver is clearly liable.
However, even if there is no law to that effect, the driver is most likely still liable. The point of marking a crosswalk is to provide a place where drivers can expect to see pedestrians crossing. And, since this accident occurred in broad daylight, the driver of the car can be presumed to have had the “last clear chance” to avoid the accident. “Last clear chance” is a legal premise that states that the person who had the last clear chance to avoid an accident bears liability for the accident. In this case, the driver was either negligent or careless in not paying attention to the fact that your unprotected mother was in the road.
However, if there has been a series of accidents involving pedestrians and motor vehicles at this particular crosswalk, the city may also be partially responsible for not installing a signal light as well. You or your attorney will need to examine accident reports and city council records to see if this has been a problem at this particular intersection and whether anyone has ever approached the city about the problem.
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