Serving clients in Fayetteville and all of NW Arkansas
Accidents involving a pedestrian and a motor vehicle are some of the most fatal accidents on the road. While a collision with another motor vehicle is devastating, many people are protected from fatal injuries by the vehicle and built in safety features of their vehicle. However, when a car, truck, SUV, or motorcycle is involved in an accident with a person walking on the street, the results tend to be disastrous for the pedestrian. In 2013, there were 38 fatal crashes and 320 crashes which resulted in injury.
No matter how convenient vehicles become, walking will always be the standard means of getting to and from places. However, when a pedestrian is involved in an accident with a motor vehicle the results can be devastating. Because those on foot need special considerations, Arkansas has passed numerous pieces of legislation designed to protect pedestrians.
If you have been in a pedestrian accident, Contact an experienced personal injury attorney. Call Ken Kieklak at (479) 251-7767 to schedule your free confidential consultation.
Arkansas Pedestrian Laws
Because there has been a disastrous history of accidents involving pedestrians and motorists, Arkansas has enacted several laws which are designed to protect pedestrians, as well as a
Under Title 23 of the Arkansas Code Subtitle 3 Chapter 89 § 23-89-202:
Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits, under policy provisions and on forms approved by the Insurance Commissioner, to the named insured and members of his or her family residing in the same household injured in a motor vehicle accident, to passengers injured while occupying the insured motor vehicle, and to persons other than those occupying another vehicle struck by the insured motor vehicle, without regard to fault
The language of this statute may be slightly confusing, but it has been generally understood that the language “and to persons other than those occupying another vehicle struck by the insured motor vehicle” pertains to pedestrians.
Under this statute, a policy is to provide for the following:
- Medical and hospital benefits – Drivers are expected to provide insurance of up to five thousand dollars per person. These policy standards are meant to cover all reasonable and necessary expenses for:
- Income Disability Benefits – Motorists are expected to cover the following income disability benefits. Seventy percent (70%) of the loss of income from work during a period commencing eight (8) days after the date of the accident, and not to exceed fifty-two (52) weeks, but subject to a maximum of one hundred forty dollars ($140) per week. In the case of a income earner, the benefits shall consist of expenses not to exceed seventy dollars ($70.00) per week, or any fractional part of a week, which are reasonably incurred for essential services in lieu of those the injured person would have performed without income during a period commencing eight (8) days after the date of the accident and not to exceed fifty-two (52) weeks; and
- Accidental Death Benefits – motorists are expected to cover The sum of five thousand dollars ($5,000), to be paid to the personal representative of the insured, should injury, sickness, or disease resulting from an automobile accident cause death within one (1) year from the date of the accident.
In addition to these laws which cover when an accident has already occurred, Arkansas has enacted various other laws in an effort to protect pedestrians. By both granting the pedestrian the right of way, and also dictating how they should cross the road at a point other than a crosswalk.
Many accidents involving a pedestrian and a vehicle occur because some pedestrians believe that they are not required to follow traffic signals. However, under AR Code § 27-51-1201 (2015) a pedestrian is expected to follow all traffic control signals at intersections. However, according to AR Code § 27-51-1202 (2015), where there is no traffic signal in place a motor vehicle is required to yield the right-of-way to a pedestrian who is crossing within a marked crosswalk.
Under AR Code § 27-51-1204 (2015) a pedestrian who is crossing the road at a point other than at a crosswalk is required to yield the right-of-way to all other vehicles on the roadway. In addition, this statute addresses such situations as when a pedestrian is crossing a roadway where there is a tunnel or overhead pedestrian crossing.
Unfortunately, there is a substantial need for these laws, as accidents involving pedestrians and motorists are fairly common. However, despite these accidents being relatively common, the results of an accident can be devastating.
Contact an Experienced Personal Injury Attorney Today
If you have been injured in an accident with a motor vehicle you may be entitled to compensation for your injuries including coverage for your medical bills and medical treatment. For more than 20 years pedestrian accident attorney Ken Kieklak has stood up for hard-working people who have been injured through no fault of their own. To schedule your free and confidential personal injury consultation call (479) 251-7767 or contact us online.
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