Can You Still Sue If You Were Jaywalking?
If you were hit by a vehicle while jaywalking, you might be wondering whether you have any legal rights to pursue a personal injury claim. While it’s true that jaywalking is illegal in many jurisdictions, that doesn’t necessarily mean you're out of options. The law around personal injury is more nuanced than many people realize.
Attorney Kelly Adams at Alpha Omega Law Office, LLC in Chadds Ford, Pennsylvania, represents clients pursuing personal injury claims. Here, she’ll explore whether you can sue if you were jaywalking, how fault is determined in personal injury cases, and what factors influence your ability to recover damages.
What Is Jaywalking?
Jaywalking refers to the act of crossing the street outside of designated crosswalks or against traffic signals. While it may seem like a minor infraction, jaywalking can lead to serious consequences, especially if it results in a collision with a motor vehicle. However, not all cases of jaywalking are treated equally in the eyes of the law.
In most states, jaywalking is considered a civil infraction rather than a criminal offense. That means while you might get a ticket for jaywalking, it doesn't automatically negate your rights in a personal injury claim. Keep reading to learn more about personal injury law and how it relates to injuries sustained while jaywalking.
The Basics of Personal Injury Law
Personal injury law is centered on the concept of negligence, specifically, whether someone's careless actions caused harm to another person. This applies to a wide range of scenarios, including pedestrian accidents involving jaywalking. To successfully pursue a personal injury claim, you typically need to prove four elements:
Duty of care: The defendant owed you a duty to act reasonably.
Breach of duty: The defendant failed to uphold that duty.
Causation: The breach directly caused your injuries.
Damages: You suffered losses as a result (medical bills, lost wages, pain and suffering, etc.).
Even if you were jaywalking, that doesn’t mean the driver is absolved of responsibility. If the driver was speeding, distracted, intoxicated, or otherwise negligent, they could still be held partially, or even fully, liable. Understanding these elements can help you determine whether you have a valid claim, even if your own actions may have contributed to the incident.
Shared Responsibility in Accidents
One of the most important legal principles in jaywalking-related personal injury claims is comparative fault (sometimes called comparative negligence). This legal doctrine allows a court to assign blame to both parties involved in an accident. Here, we’ll examine the three types of comparative fault systems.
Pure Comparative Negligence
Even if you’re 99% at fault, you can still recover 1% of your damages. States like California and Florida follow this rule. This means that your level of fault reduces your compensation, but does not eliminate your right to recover altogether. For jaywalking pedestrians, this can be a crucial legal advantage, especially in cases involving seriously negligent drivers.
Modified Comparative Negligence (50% Bar Rule)
You can recover damages only if you’re less than 50% at fault. If you’re 50% or more at fault, you get nothing. States like Colorado and Georgia use this rule. In these states, your compensation is reduced by your percentage of fault, but you must be able to show the driver was more responsible for the accident than you were.
Modified Comparative Negligence (51% Bar Rule)
Similar to the 50% rule, but you’re barred from recovering if you’re 51% or more at fault. States like Texas and Illinois follow this approach. If you're found to be equally or more responsible than the driver, your claim will likely be denied. However, demonstrating that the driver's actions were primarily to blame could still allow you to recover damages.
Understanding which rule your state follows can be crucial. If you're in a pure comparative negligence state, jaywalking doesn’t necessarily prevent you from filing a personal injury claim, even if you’re mostly at fault. Each state's rules can significantly affect your ability to receive compensation, so consulting with a knowledgeable personal injury attorney is essential.
Key Factors That Can Influence Your Case
Several circumstances can shift the balance of liability in a jaywalking accident. Each of these factors helps determine how responsibility is shared between the pedestrian and the driver. A detailed investigation of the scene and circumstances is often necessary to assess fault accurately.
Time of Day and Visibility
If you were jaywalking during daylight hours and the driver had a clear view, their failure to stop may weigh heavily in your favor. On the other hand, if the accident happened at night and you were wearing dark clothing, your fault percentage might be higher. However, if there were streetlights or well-lit surroundings, the driver may still be found negligent for not noticing you.
Driver Behavior
The behavior of the driver at the time of the crash can significantly influence how fault is allocated, regardless of whether you were in a crosswalk. Courts and insurance companies look closely at the driver’s actions to evaluate whether they acted negligently or recklessly. Was the driver:
Speeding?
Distracted (e.g., texting)?
Under the influence of drugs or alcohol?
Running a red light?
These questions are critical when determining liability in a pedestrian accident. If the answer is yes, these are significant indicators of negligence that strengthen your personal injury claim, even if you were jaywalking. Establishing driver negligence can tip the balance in your favor, even in cases where your own conduct contributed to the accident.
Location of the Accident
Some areas are more pedestrian-friendly than others. If the accident occurred in a residential or urban area where drivers should expect foot traffic, a jaywalking pedestrian may be seen as having some implied protection. Courts may consider whether the driver should have anticipated pedestrians crossing outside of marked crosswalks based on the nature of the area.
Availability of Crosswalks
If there was no nearby crosswalk or the crosswalk was inaccessible, that could justify your decision to cross outside of it, potentially reducing your degree of fault. In such situations, courts may view your actions as reasonable given the lack of safe alternatives. The location and condition of the surrounding area can play a major role in how liability is ultimately assigned.
Can You Still Sue If You Were Seriously Injured?
Yes, if you were seriously injured while jaywalking, you absolutely should consider filing a personal injury claim. Severe injuries can drastically alter your quality of life and limit your ability to work or care for your family. Just because you were outside of a crosswalk doesn't mean you're automatically disqualified from seeking compensation. Your injuries may include:
Traumatic brain injuries (TBIs)
Broken bones
Spinal cord injuries
Internal bleeding
Long-term disability or chronic pain
These types of injuries often come with massive medical bills and long recovery times. Even if you were partly at fault, it’s crucial to explore all legal options to make sure you’re not left covering those costs alone. Contact attorney Kelly Adams at Alpha Omega Law Office, LLC to discuss your options.
Common Defenses Used by Insurance Companies
Insurance companies aren’t in the business of paying out large claims willingly. Their goal is to protect their bottom line, not to make sure you receive fair compensation. That’s why they often use tactics to reduce or deny claims, especially when fault may be shared. If you were jaywalking, you can expect the insurer to use that fact against you in several ways, such as:
Arguing that you were entirely responsible for the accident.
Minimizing the driver's role or downplaying their negligence.
Suggesting your injuries aren’t as severe as you claim.
Offering a lowball settlement early on to avoid litigation.
This is why working with an experienced personal injury lawyer is vital. They understand these tactics and know how to counter them with strong evidence and expert testimony. An attorney can negotiate on your behalf, present a compelling case, and make sure that insurance companies don’t take advantage of your vulnerability.
Seek the Help of a Personal Injury Attorney Today
Jaywalking may complicate your case, but it does not automatically bar you from moving forward with a personal injury claim. Many personal injury claims involve some degree of shared fault. At Alpha Omega Law Office, LLC, attorney Kelly Adams helps clients in Chadds Ford, Pennsylvania, and the surrounding areas work through their personal injury claims. Contact her office today to discuss your case and begin working together.
