Visitor Question

Daughter was hit by a car while walking in the crosswalk…

Submitted By: Danielle (Casper, Wyoming)

My daughter was walking home from school. Using the crosswalk, she wasn’t all the way across the street when the light turned green. The car in the far lane didn’t see her, and started to go, striking my daughter.

Even though she wasn’t severely injured I still took her to the hospital. They did x-rays and made sure she was okay. She did have bruising and scrapping on her legs from the accident. The police report said she was walking, but now the insurance is trying to say she was running.

I’m just wondering how much after medical bills should I ask for? She now traumatized and refuses to cross that street. So I have to take her back and forth to school now. What should I be doing about this? How do I handle the insurance company? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Danielle,

The issue in your daughter’s case is whether or not she had the right of way when crossing the intersection. Let’s take a look at Wyoming law regarding pedestrians and crosswalks. Here is the link. Let’s look at its contents…

31-5-602. Right-of-way in crosswalks.

(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way by slowing down or stopping if need be to yield, to any pedestrian within or entering a crosswalk at either edge of the roadway.

(b) When traffic-control signals are not in place or not in operation at a school crosswalk, the driver of a vehicle shall yield the right-of-way to any pedestrian within or entering a school crosswalk at either edge of the roadway by slowing down or stopping.

(c) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

As is readily apparent, the insurance company seems to be basing their position on Section 31-5-602 (c) of Wyoming’s traffic code. Whether or not the insurance company will succeed in proving your daughter was in violation of subsection (c) will likely depend on the statements of witnesses, including drivers, and pedestrians.

To support your position that your daughter was not in violation of subsection (c), seek out persons who may have witnessed the collision. If you can find several who will state your daughter was not running and was already in the crosswalk at the time she was struck, you may be able to overcome the insurance company’s position.

If so, you should be able to successfully seek compensation for your daughter’s injuries, medical bills, trauma, and the related consequences.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 17, 2014

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