Pedestrian accidents often cause serious injuries, lengthy recoveries, and overwhelming medical expenses. If you were hit by a car while outside of a crosswalk or against a traffic signal, you may wonder whether you can still pursue compensation.
The answer depends on the laws of the state where the accident occurred. In many situations, jaywalking doesn’t automatically prevent an injured pedestrian from filing a claim. Instead, investigators, insurance companies, and personal injury attorneys review all of the circumstances surrounding the accident when evaluating legal responsibility.
Are Drivers Always Responsible for Pedestrian Accidents?
Not always. Pedestrians have a responsibility to use reasonable care too. For example, they should avoid looking at their phones while crossing the street. But drivers have a greater share of that responsibility and courts generally hold them to a higher standard of care.
Drivers are expected to remain aware of their surroundings, obey traffic laws, drive at a safe speed, and take reasonable steps to avoid striking pedestrians whenever possible.
Every pedestrian accident is different. Factors to consider include:
- Whether the driver was speeding
- If distracted driving or walking played a role
- Whether the pedestrian was visible
- Road, weather, and lighting conditions
- Whether either party violated traffic laws
- Did the driver have time to slow down or stop
What Is Comparative Negligence?
Comparative negligence is a legal rule that allows more than one person to share fault for an accident. If an injured pedestrian is partially at fault, their compensation may be reduced according to the percentage of fault. In some states, they may lose the right to sue altogether if they’re found to be mostly responsible.
The exact rules vary by state.
- California follows pure comparative negligence. An injured pedestrian can still recover compensation even if they’re largely responsible for their accident. Any recovery is reduced by their percentage of fault.
- Texas follows modified comparative negligence. An injured person can generally recover compensation if they’re found to be 50% or less responsible for their accident.
- Maryland is one of the few states that still follows contributory negligence. That means if an injured pedestrian is found to have contributed to the accident at all, they may be barred from recovering compensation, although limited exceptions may apply.
Because these rules differ, the state where the pedestrian accident occurred determines whether compensation is available.
What Should I Do After a Pedestrian Accident?
Even if you were jaywalking, don’t assume you’ve lost your legal right to sue the driver involved.
After a pedestrian accident, your health and safety should always be your top priority:
- Seek medical attention immediately.
- Report the accident to the police.
- Take photographs of the scene, if possible.
- Get witness contact information.
- If you were seriously injured, don’t speak to any insurance adjusters. Let your pedestrian accident lawyer handle all communication for you.
An Experienced Pedestrian Accident Attorney Can Help Protect Your Rights
Attorney J.J. Dominguez of The Dominguez Firm explains the importance of seeking legal help right away. “Most pedestrian accident victims suffer serious and even catastrophic injuries. Whether you were jaywalking or not, you should consult with an experienced pedestrian accident attorney immediately. They can review the facts, shield you from insurance company tactics, and help protect your rights.”