Jaywalking is the act of violating pedestrian traffic laws. This can cover a wide range of activities, including walking through a crosswalk when a “Don’t Walk” sign is flashing, walking on a street when a sidewalk is present, and crossing a street without using a crosswalk. Jaywalking is something most of us have done at least once, and generally, the act is harmless. Unfortunately, jaywalking increases your chances of getting in a pedestrian accident.
If you were recently injured in a jaywalking accident, you may be wondering if you can receive compensation. Although you may wish to sue for damages, violating pedestrian laws may hurt your case. To clear up your confusion, the pedestrian accident lawyers at Tolbert Beadle, LLC discuss who is at fault in a jaywalking accident.
Legality of Jaywalking
Jaywalking laws are set in place to protect both pedestrians and motorists. By regulating when and where people can cross the street, you can dramatically decrease the number of pedestrian accidents. Pedestrian laws differ depending on your state and jurisdiction, but generally, jaywalking is consider either an infraction or a misdemeanor.
If a law enforcement agent decides to issue a citation, you will have to pay a fine similar to a traffic ticket. Due to the amount of jaywalking cases pedestrian accident lawyers encounter, we know that people rarely abide by pedestrian laws.
Jaywalking Accidents in Court
If you were jaywalking at the time of your pedestrian accident, it can be difficult to sue for damages. The reason comes down to a word that appears often in personal injury law: negligence. Since you were crossing the street illegally at the time of the accident, the driver may make the case that you acting negligently, making you responsible for your accident.
Of course, proving negligence is not so simple. To prove that you were responsible for the accident, the driver will have to prove that he/she was not speeding, driving drunk, texting, or engaging in any other negligent behavior. In some cases, if both you and driver were acting negligently, the court may determine that you are both partially responsible for the accident. As you can see, jaywalking cases can get complicated, which is why you should consult with a pedestrian accident lawyer before taking your case to court.
Pedestrian Accident Lawyer at Tolbert Beadle, LLC
Were you recently hit by a car? Whether you were crossing the street legally or jaywalking, contact Tolbert Beadle, LLC to schedule a consultation with a pedestrian accident lawyer. Experienced and hardworking, our pedestrian accident lawyers will work with you to fight for the compensation you deserve.