Who’s At Fault When a Pedestrian is Hit While Jaywalking?

Businessmen jaywalking across a busy city street

Whoever came up with the phrase “two wrongs don’t make a right” may have had in mind a traffic accident in which a driver strikes a pedestrian who is jaywalking. While drivers are required to always keep a lookout ahead and drive at a speed sufficient to come to a stop to avoid an accident, pedestrians are also required to obey the law as well. Nevertheless, the temptation to cross the road away from a crosswalk can often be very tempting, especially when there is a great distance between controlled pedestrian crossings and the person is in a hurry. With Halloween upon us, the streets will soon fill with ghosts and vampires heading out for some trick or treating fun. This is why it is crucial for drivers to use extra caution, and for parents to teach their little trick or treaters to only use marked crosswalks. If you or a loved one is injured by a car while jaywalking, you are going to need the assistance of an experienced traffic accident attorney to help you with your claim.

What Is Jaywalking?

Under Kentucky law, pedestrians are restricted in the ways they can cross streets. In general, if you are walking, you must stay on the sidewalks and use marked crosswalks to get to the other side of the road. This includes obeying traffic signals, so you don’t cross when you have a red light, much like a motor vehicle. If there are no sidewalks, then you have to stay to the side of the road, only crossing when the coast is clear. In these situations, the vehicles have the right of way. Attempting to cross without obeying the law is considered jaywalking.

Who Is at Fault When a Car Hits a Jaywalker?

If a car hits a jaywalker, the fact that the pedestrian was breaking the law does not let the driver of the vehicle off the hook. In other words, all because a pedestrian may be crossing the street outside of a crosswalk or against a traffic light doesn’t allow the driver to strike the pedestrian with his or her car. Kentucky is a comparative negligence state. This means that it will look into the contribution each party made to an accident made when it came to causation, and then apportion responsibility accordingly.

When it comes to determining fault, the court or insurance adjuster will look at a number of different factors. Was the driver speeding? Did the driver try to stop or take other evasive action? Was the driver driving while intoxicated or under the influence of a controlled substance? They will look at the circumstances of the case as well, such as the distance to the car when the pedestrian stepped into the street. In addition, the condition of the pedestrian may play a role, taking into account the age of the pedestrian and whether he or she was intoxicated or otherwise impaired.

What Is the Effect of Comparative Negligence on My Claim?

In general, pedestrians who are struck by motor vehicles can collect for a wide range of damages, including medical expenses, lost wages from missing work, future income for permanent injuries, compensation for pain and suffering, and costs of rehabilitation. However, if you were jaywalking at the time of the accident, this may reduce the amount and types of damages you can collect from the driver and his or her insurance company. For example, if your jaywalking is deemed to have contributed 60% toward the cause of the collision, then you can only collect 40% of the amount of your damages. Furthermore, if your comparative negligence percentage exceeds 50%, you may be limited to collecting only for medical costs and expenses, and your lost wages from work. Things like compensatory damages for pain and suffering may not be available to you in this type of situation. This is why it is vital to obey the laws when crossing the street.

If You Were Struck by a Motor Vehicle, Call Our Firm Today

Getting hit by a car can cause a wide range of injuries, and may also raise a number of legal issues, especially if you were jaywalking at the time of the accident. The experienced traffic accident attorneys at the Dickman Law Office can provide you with the representation you need to collect compensation for your injuries. Contact our office today.

Posted in: Car Accidents, Pedestrian Accidents