Common Questions About Pedestrian Accidents in South Dakota
Walking across the street should not be considered a dangerous activity. Yet many of us can testify to close calls with cars, trucks, and motorcycles at a crosswalk. Unfortunately, pedestrian accidents remain quite common in Sioux Falls and throughout South Dakota. With that in mind, here are some common questions we get about the laws surrounding such accidents and what injured pedestrians can do to seek compensation.
Who Is Considered a “Pedestrian”?
South Dakota law defines the term “pedestrian” to include “any person moving or traveling on foot.” This includes people using roller skates, skateboards, or an electric personal assistive device like a motorized wheelchair.
Do Pedestrians Have the Right-of-Way at Intersections?
When there is no traffic light or officer directing traffic at an intersection, vehicular traffic must yield the right-of-way to pedestrians who cross at “any clearly marked crosswalk or any regular pedestrian crossing” at that intersection. If there is a traffic signal or police officer, however, pedestrians must yield the right-of-way when vehicular traffic has a green or “go” signal.
Is a Motorist Liable for Striking a Pedestrian in an Intersection?
When the driver of a motor vehicle, including a motorcycle, ignores traffic laws and consequently injures a pedestrian who had the right-of-way, the injured pedestrian can file a personal injury lawsuit against the driver.
Does Motor Vehicle Insurance Cover Pedestrian Accidents?
Yes. South Dakota law requires all drivers to carry a minimum amount of liability insurance. This covers personal injury to pedestrians caused by the driver of an insured vehicle.
What If the Driver Has No Insurance or Fled the Scene?
Your own insurance company may step in and pay you compensation. South Dakota requires all auto insurance policies to include both uninsured and underinsured motorist coverage. The former covers situations where an uninsured or unknown hit-and-run driver injures a covered person. The latter addresses the common scenario where the negligent driver has insurance but it is insufficient to cover all of the victim’s losses.
Critically, uninsured and underinsured motorist coverage also applies when the insured is hurt in a pedestrian accident. So if you are crossing the street and a car hits you and speeds off, you could file a claim with your uninsured motorist carrier. The fact that you were not in your own car at the time does not matter.
What Compensation Can I Receive for a Pedestrian Accident?
Like any personal injury claim, a pedestrian accident victim can seek compensation for both their economic losses, notably their medical bills and lost income, as well as non-economic damages for their pain and suffering and other difficult-to-quantify losses.
Should I Speak to a Sioux Falls Pedestrian Accident Lawyer?
If you are injured in any kind of accident caused by another party, it is best to work with a qualified attorney who can advise you of your rights and represent you in seeking appropriate compensation. If you need to speak with a Sioux Falls pedestrian accident lawyer about your case, call Hoy Law today at (605) 334-8900 to schedule a free consultation.
Source:
sdlegislature.gov/Statutes/32-27
