Pedestrian accidents often raise questions about fault and liability, especially when the pedestrian was jaywalking at the time of the crash. While drivers have a responsibility to be cautious, pedestrians must also follow traffic laws. If an accident occurs due to jaywalking, determining who is at fault can be complicated. A pedestrian accident lawyer can help navigate the legal process and ensure the injured party understands their rights. Below, our friends at The Eskesen Law Firm detail what a case may look like if a pedestrian was at fault in an accident due to jaywalking.
Understanding Jaywalking And Liability
Jaywalking occurs when a pedestrian crosses a street outside of a designated crosswalk or against a traffic signal. While this is illegal in many places, it does not automatically mean the pedestrian is fully responsible for an accident. Liability depends on several factors, including:
- Whether the driver had enough time to avoid the collision
- The speed and behavior of the driver before the crash
- Whether the pedestrian was distracted (e.g., using a phone or wearing headphones)
- Visibility and lighting conditions at the time of the accident
In some cases, both the driver and pedestrian may share fault, which can impact the compensation available in a claim.
Steps To Take If A Pedestrian Was Jaywalking
If an accident occurs while a pedestrian is jaywalking, taking the right steps can help protect both their health and legal rights.
Seek Medical Attention Immediately
Regardless of fault, injuries from a pedestrian accident can be severe. Seeking medical care right away ensures proper treatment and creates a medical record that links the injuries to the accident. Even if symptoms seem minor at first, some injuries, such as concussions or internal bleeding, may not be immediately obvious.
Call The Police And File A Report
A police report is a critical piece of evidence in any accident case. Law enforcement will assess the scene, document what happened, and determine whether any traffic laws were violated. If a pedestrian was jaywalking, this may be noted in the report, but it does not mean they are automatically responsible for the accident.
Gather Evidence From The Scene
If possible, taking photos of the accident scene, traffic signals, road conditions, and any visible injuries can help establish what happened. Witness statements can also be valuable in clarifying whether the driver was speeding, distracted, or otherwise at fault.
Avoid Admitting Fault
Whether speaking to the driver, the police, or an insurance adjuster, pedestrians should avoid making statements that imply fault. Saying something like “I didn’t see the car” or “I should have been more careful” can be used against them in a legal claim. Instead, stick to the facts and let the investigation determine responsibility.
How Fault Is Determined In A Jaywalking Accident
Many states follow comparative negligence laws, meaning that fault can be shared between both parties. If a pedestrian is found partially responsible, their compensation may be reduced based on their percentage of fault.
For example, if a pedestrian is determined to be 40% at fault for jaywalking but the driver was 60% at fault for speeding, the pedestrian may still recover damages, but the total amount would be reduced by 40%.
However, in states that follow contributory negligence laws, a pedestrian who is found even slightly at fault may be barred from receiving any compensation. This makes it essential to consult a pedestrian accident lawyer who understands the specific laws in the state where the accident occurred. It can become even more complicated if drunk driving was a part of the case.
Seeking Compensation Even If Jaywalking Was Involved
Even if a pedestrian was jaywalking, they may still be able to seek compensation if the driver was negligent. Compensation may cover:
- Medical bills and rehabilitation costs
- Lost wages if the injuries prevent returning to work
- Pain and suffering caused by the accident
- Long-term care if permanent injuries occur
A pedestrian accident lawyer can investigate the case, challenge unfair fault assignments, and negotiate with insurance companies to secure the best possible outcome.
Why Legal Representation Matters
Pedestrian accidents involving jaywalking can be legally complex, with insurance companies often trying to shift blame entirely onto the pedestrian. Our colleagues at WBMR Law know that having an experienced lawyer can make a significant difference in proving the driver’s negligence, protecting legal rights, and securing fair compensation.
If you or a loved one were involved in a pedestrian accident while jaywalking, speaking with a pedestrian accident lawyer can help clarify your options and ensure you receive the support needed for recovery.