Will Jaywalking Affect Your Pedestrian Accident Claim?

Historically, walking was the primary mode of transportation. Most roads were filled with people walking on foot or traveling by horse. Then, with the rise of automobiles, new laws were created to protect pedestrians from accidents caused by motorists. Most roads were redesigned to be centered around vehicles and jaywalking became a crime. As a result, if you are hit by a car and are accused of jaywalking, this might affect your personal injury case.

How Jaywalking Laws Work

Depending on local laws, you may be prohibited from crossing the street in front of oncoming traffic and you might also be prohibited from crossing diagonally. Jaywalking is often highly dangerous and can lead to serious injuries because of the lack of protection that pedestrians have when involved in an accident with a motorist. 

Increasingly, cities are adding more foot-friendly spaces to make it easier for pedestrians to walk without having to worry as much about traffic. However, there are some cases where there is no crosswalk and you might want to cross the street in a different way.

Jaywalkers Aren't Always at Fault

If you are hit by a car, the insurance provider of the other driver might argue that you were at fault because you were jaywalking. However, a jaywalker is not always at fault for an accident.

Pedestrians are expected to be careful when crossing the street. If you were considered to be reckless prior to the accident, you might be accused of being partially at fault for the accident. Then, the size of your settlement might be reduced. However, depending on how reckless the driver was, you might not be found responsible at all.

For example, if you were crossing the street when it was clear and a driver suddenly makes a right-hand turn without a turn signal, speeds, and hits you, the driver might be considered fully at fault for the accident. This is especially true if the driver was found to be under the influence of alcohol.

The Advantages of Seeking Personal Injury Representation

Because your compensation will be based on the facts of the case, an experienced personal injury attorney can be very helpful. Your attorney will help you determine who was at fault for the accident and can also help you calculate the full extent of your damages so you can pay for your medical bills, lost wages, and other expenses. Contact a personal injury attorney to learn more. 

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Personal Injury Law 101

If you've been injured due to someone else's negligence, you deserve your day in court to obtain the compensation you are due. However, getting there can be a challenge. First, you need to find a good personal injury lawyer. Then, you need to gather evidence, find witnesses, and pay close attention to your doctor's orders as your court date looms. This process can be headache-inducing, but the more you know, the better prepared you will be. On this website, we publish articles that will help you learn more about the personal injury case process and what your case may involve. We're not your lawyer, so our advice is not personalized to your needs, but it is approachable and well-researched. Enjoy.

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