A Phoenix, Arizona, woman was killed after being struck in a car-pedestrian accident.
Pedestrian Failed to Yield to Right of Way
According to officials, 49-year-old Melissa Trafford of Phoenix, Arizona, failed to yield the right of way when she attempted to walk southbound across a service road. She was struck by a 2000 Chevrolet Blazer, driven by 46-year-old Oscar Zurita, Jr., that was traveling eastbound on the north service road of Highway 80. Trafford was pronounced dead at the scene. Police say no charges will be filed in connection with this car-pedestrian accident.
Misconception of Pedestrian’s Right of Way
Although popular belief would seem otherwise, pedestrians do not always have the right of way when crossing streets. A pedestrian’s right of way is actually limited to crossing properly - crossing at an intersection with traffic control signals means a pedestrian must obey the signals, and being within a crosswalk does not excuse violating the signal.
Responsibility in Car-Pedestrian Accident
Just because a pedestrian violates the street crossing laws motorists are not relieved of all responsibility. There is a duty of “due care” on drivers to avoid hitting and injuring pedestrians who do not obey the law.
Regardless, pedestrians should always cross at an intersection if one is nearby, stay within the marked or unmarked crosswalks, and obey traffic control signals if they exist. Do not assume that others will follow the law – you can accept right of way when it is presented, but you cannot demand it.
If you’ve suffered from a pedestrian accident, you need the expert advice of car accident attorneys such as those at Personal Injury Attorneys PLLC.
