Accidents Involving Jaywalkers and Pedestrians | Am I Entitled to Compensation?
Jaywalkers, pay attention: you DO have rights, and you COULD be able to file a lawsuit against the car who struck you as you crossed the street. The devil is in the details, and a number of variables affect your ability to file a lawsuit.
Call 11112222 for a free consultation with an accomplished jaywalking accident lawyer if you’d like to talk to one about your case. We do urge you to contact us because there is no obligation.
Read more about the law pertaining to motor vehicle accidents and jaywalking pedestrians below.
Why do people jaywalk?
Meaning of Jaywalking
The term “jaywalking” simply refers to crossing a street or roadway outside of a clearly marked or unmarked crosswalk. Unmarked crosswalks are typically defined as the area between two adjacent corner curbs at an intersection where a pedestrian crossing is not explicitly marked.
Jaywalking is defined as crossing outside of a crosswalk at mid-block or after an intersection.
Is jaywalking prohibited?
Jaywalking is against the law since it is a fundamental traffic law infraction.
What Makes Jaywalking Illegal?
Jaywalkers on foot deny cars and other vehicles the right of way. Even while it is simpler for courts to determine your fault in a collision or other traffic mishap, jaywalking doesn’t always exclude you from bringing a claim. Additionally, it does not preclude the possibility of receiving compensation, but it can make making a legal claim and/or bringing a case slightly more difficult. They should still speak with a lawyer experienced in pedestrian accidents if a car strikes a person who is jaywalking.
Early 20th-century Jay-Walking Law History
Jay-walking rules were put into place by vehicle industries in the middle of the 20th century as a result of their persistent political lobbying. Drivers were able to use city streets more freely as a result. While the Progressive Era reforms made the United States of America more car-friendly, they also made it less pedestrian-friendly.
What Makes Jaywalking an Issue?
Accidents involving pedestrians, including those caused by jaywalking, are an issue since the victims frequently sustain serious injuries. In contrast to cars and trucks, which have materials to protect against impact, pedestrian jaywalkers have no such protection.
What Effect Does Jaywalking Have on Your Personal Injury Case?
Jaywalking could have an effect on your personal injury case. It can mean lessening your overall payout, but it won’t always mean you won’t get money to make up for your losses.
How Do Accidents Occurring While Jay Walking Work Personal Injury Lawsuits?
The person broke the law by jaywalking. As a result, courts will likely judge them to be “negligent per se.” The amount of overall fault for the collision that should be divided between the person walking and the other persons involved must be determined by the court. State laws diverge significantly after that.
Comparative Fault in Accidents involving Jay Walker
Absolute Comparative Error
Pure comparative blame is a principle that is used by the majority of governments. In other words, even if you are judged to be 99 percent at fault, you still have the right to sue and receive compensation. The percentage of culpability that was assigned to you would simply be subtracted from your overall remuneration.
Comparative Fault Modified
Numerous additional states use modified comparative fault. You can make a recovery under this category, but only if your percentage of fault was 50% or less.
Contributing Error
Finally, the contributory blame theory is strictly followed in a few states. If you are determined to be even 1% at blame in these states, you are ineligible to receive any compensation.
It’s imperative that you speak with an attorney for advice on your case given the variety of state laws and the distinctive ways in which your circumstances can influence a court’s assessment of fault.
Contact an Experienced Attorney as Soon as Possible If You Were Involved in a Pedestrian Jaywalking Accident
Were you injured by a motor vehicle while crossing the street “illegally”? If so, don’t hang your head just yet. In most states, the law entitles you to sue and obtain compensation, if you can show that were only partially at-fault for the accident. In many cases, jaywalkers deserve compensation for the losses they suffer. After all, it’s a fairly innocuous and minor violation. Drivers should pay attention to the roadway at all times.
Call 11112222 to connect to an experienced jaywalking accident attorney in just 10 minutes or less. Consultation is free, so don’t delay! There’s no downside to discussing your case with one of our attorneys.