What if I was hit as a pedestrian in a crosswalk?
Drivers must yield to pedestrians lawfully within a crosswalk, and a driver who fails to is generally at fault.
PIP applies to you through your own or a resident relative's auto policy, subject to the 14-day rule.
What the defense will argue. That you entered against a signal. That you stepped off the curb suddenly. That you were outside the marked crosswalk. That you were on a phone. That dark clothing at night made you invisible.
What answers it. Signal timing data, obtainable from the traffic agency. Nearby camera footage. Witness accounts. And physical evidence — the point of impact and where you came to rest tell a reconstruction expert a great deal.
Unmarked crosswalks exist. At many intersections a crosswalk exists whether or not it's painted, which surprises people who assume no lines means no crosswalk.
Severity is the other feature. Pedestrian injuries are typically serious, PIP is exhausted immediately, and available coverage becomes the constraint — which makes uninsured motorist coverage critical.
Ask for the signal timing data early. It's a record and it settles arguments. ---
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