Personal Injury

People afoot and people on bicycles share the road with motor vehicles. Both pedestrians and bicyclists use sidewalks and cross the road with motor vehicle traffic.  Iowa’s Statutory Rules of the road found in Chapter 321 of the Code of Iowa set out provisions related to the rights and duties of pedestrians as well as motorists.  People crossing roads in marked crosswalks have legal rights but also must take care themselves not to be struck by traffic.  Pedestrians crossing outside marked crossings, (jaywalkers), are legally required to give motor vehicles the right of way.  Blind persons with white canes or guide dogs are an exception and have automatic right of way.  Drivers who see children in plain view on a street are assumed to know the child could suddenly run into the vehicle’s pathway and must slow down and control their vehicle in the exercise of reasonable care.  There are many rules, exceptions and special situations that can apply the legal responsibility for injury to a pedestrian.  Talking to a lawyer familiar with this area of the law can help identify the responsible parties and the kind of evidence necessary to prove it in court.