Pedestrian accidents typically result in injury. If you’ve been hit as a pedestrian, you may be able to pursue a personal injury claim. However, if you are hit while jaywalking, you may wonder whether or not contacting a personal injury attorney is still worth the effort or not. It is possible for the pedestrian to be at fault in accidents, after all. That said, you may still be able to sue if you were hit while jaywalking.
Here are some basic facts about jaywalking and what can be done if you are hit while jaywalking. As with all of our blogs, this does not constitute legal advice. If you would like legal advice, you will need to contact a personal injury attorney near you.
About Jaywalking
Jaywalking is when a pedestrian crosses the street illegally or without following designated crosswalks. Many people don’t realize they are breaking the law when they jaywalk, and in certain areas, it may be commonplace for pedestrians to cut across the road where they’re not supposed to.
However, jaywalking is illegal because it presents a safety hazard to the pedestrian themselves and to everyone else on the road. If you get hit while jaywalking, you are more likely to at least share fault with the driver over the accident, as opposed to if you had been hit while crossing a crosswalk.
Why Do People Jaywalk?
As previously mentioned, people may not even realize they’re doing something illegal when they jaywalk, especially if they live somewhere where people do it all the time. People typically jaywalk out of convenience, as they’d rather just cut across the road from where they are, rather than going to the crosswalk to cross. This is especially true if pedestrians feel like the nearest crosswalk is too far away.
Another reason why people may jaywalk and get hit while jaywalking is because they’re distracted. Even if you’re crossing the road legally, you’re still expected to be aware of your surroundings and take reasonable precautions to avoid getting into an accident. For example, if you are hit while you have earbuds in and didn’t look before crossing the street, you could be found to have contributed to the accident through negligence.
Another reason why people may get hit while jaywalking is because they are under the influence. As such, they may not be aware of their surroundings and / or make poor decisions.
Why Jaywalking Is Bad
Laws concerning jaywalking vary from state to state, but it’s typically illegal to do so, unless a pedestrian must to avoid danger. Fines and other such penalties may apply to those found guilty of jaywalking. However, there are cases where regulations may vary, such as around school zones or hospitals, in order to protect those who may be more vulnerable to accidents.
While jaywalking may not seem like a big deal, it puts both yourself and everyone else on the road at increased risk. It is dangerous, and if you are hit while jaywalking, you may be found to have shared fault in the accident. Drivers may swerve to avoid hitting jaywalkers, which can cause car accidents and injury to the driver.
Who is At Fault If You Are Hit While Jaywalking?
Determining fault in any accident can be a complicated process that depends on local laws and regulations and the various factors at play in the accident. In some circumstances, you may still be able to sue the driver if you were hit while jaywalking.
It is possible for the pedestrian to be at fault or share fault if they were hit while jaywalking. The driver is likely to have at least partial fault in the case, as drivers must be constantly aware of the road, and it is illegal to hit pedestrians. An attorney would be able to tell you whether or not you have a case on your hands and how much fault you may have had in the accident.
Do You Need A Personal Injury Attorney?
LeBaron & Jensen provides personal injury representation to victims of accidents in Northern Utah. If you would like to know whether or not you have a personal injury case on your hands and are seeking potential representation, don’t hesitate to contact our office. We offer free case consultations. If you have a case and we take it on, you don’t have to worry about paying us anything until we win your case for you.
To learn more about our services or to schedule a case consultation, please don’t hesitate to contact us today.
