When a pedestrian gets struck by a vehicle, it’s natural to assume the driver is at fault. However, that isn’t always the case. If the pedestrian was jaywalking at the time of the accident, that fact can significantly impact how fault is determined and whether the pedestrian is entitled to financial recovery.
What Counts As Jaywalking?
Jaywalking typically refers to a pedestrian crossing the street outside of a designated crosswalk or against a traffic signal. Although laws can vary by city or state, jaywalking is generally considered a violation of traffic rules and may result in a citation. If a pedestrian is injured while jaywalking, this behavior becomes a factor in any claim they may file for medical bills, lost wages, or pain and suffering.
How Jaywalking Affects Liability
In many personal injury cases, liability depends on who was acting negligently. A driver who is speeding or distracted may still be responsible for a crash, even if the pedestrian was jaywalking. However, if the pedestrian entered the street suddenly or in a location where drivers are not expected to stop, that pedestrian may be found partially or fully at fault.
Most states follow a comparative fault system. This means if both the pedestrian and the driver share responsibility, the pedestrian’s compensation may be reduced. For example, if the pedestrian is found 40% at fault, they may only recover 60% of the total damages. In some states, if the pedestrian is more than 50% at fault, they may be barred from recovering anything.
The Role Of Evidence In These Cases
Photos, video footage, eyewitness statements, and police reports all play an important role in determining what happened. If a pedestrian was issued a citation for jaywalking, that traffic ticket may be used as evidence that the pedestrian contributed to the accident. However, a citation alone does not automatically mean the pedestrian has no case. It’s just one part of the overall picture.
A traffic ticket defense attorney may be able to challenge the ticket in court, which could help reduce the impact it has on a personal injury claim. On the other side, a driver’s own traffic violations—such as speeding, failure to yield, or distracted driving—can increase their share of liability, even if the pedestrian was jaywalking.
Why Legal Help Is Still Important
Because fault in pedestrian accident cases can be split between multiple parties, it’s important for injured pedestrians to speak with a legal professional. An experienced pedestrian accident lawyer can assess the circumstances and help clarify what options are available. Even when a pedestrian makes a mistake, they may still have a valid claim.
Attorneys like our colleagues at Mickey Keenan P.A. can attest to how important it is to look at the full facts of each case. Every accident is different, and legal advice should be based on the specifics of what happened, not assumptions about jaywalking alone.
Ultimately, it’s important to remember that jaywalking may weaken a personal injury claim, but it doesn’t automatically prevent an injured pedestrian from seeking compensation. The key factors are how both parties acted and whether either violated traffic laws. If you were hit by a car while crossing the street, even if you were outside a crosswalk, you may still have legal options worth pursuing.