Hit by a car going the wrong way on a one way street...
by Deborah (Portland, Maine)
I was crossing a one way street and a car came up behind me at hit me. I had not looked behind me because it was a one way rotary and no one was supposed to be behind me. I ended up getting swooped up from behind and smashed into his windshield and thrown to the ground.
I have soft tissue injuries that I know so far, but I am also losing some income due to not being able to work. The driver has insurance. Do I just file a report with his insurance company? How do I make sure I get all my losses covered? Thank you for any information you can give.
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ANSWER for "Hit by a car going the wrong way on a one way street...":
Deborah (Portland, Maine):
The facts you present seem to indicate you were crossing the road at a place other than at a marked or unmarked intersection. Under Maine’s Motor Vehicle Code, a pedestrian crossing the road at any other place than a marked or unmarked crosswalk must yield the right of way to all cars already upon the roadway.
While you can certainly file an injury claim with the driver’s insurance company, that claim may be denied. Even despite the fact the driver was going the wrong way on a one way street. We refer you to Maine Revised Statutes:
5. Pedestrian crossing. A pedestrian must yield the right-of-way to a vehicle when crossing a way:
A. Other than within a marked crosswalk; or
B. Within an available pedestrian tunnel or overhead pedestrian crossing.
6. Pedestrian prohibitions. A pedestrian may not:
A. Cross between adjacent intersections at which traffic-control devices operate, except in a marked crosswalk;
B. Cross an intersection diagonally, unless authorized by official traffic-control devices; or
C. Suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield.
If you do get any resistance from the driver's insurance company, it would be best to seek the counsel of a personal injury attorney. The liability dispute in a case like this is a bit complicated for a non-lawyer to effectively argue.
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