Pedestrian safety is a growing concern in many urban and suburban areas across the United States. With more people walking as a mode of transportation, the risk of pedestrian accidents has also increased. Among the most common scenarios that raise legal questions are those involving jaywalking and crosswalk accidents. When a pedestrian is struck by a vehicle, the key issue often becomes determining who is at fault—the pedestrian, the driver, or both?
Fault in pedestrian accidents does not always present easy understanding. It requires a detailed analysis of the circumstances, relevant laws, and actions of all parties involved. This blog post breaks down the key differences between jaywalking and crosswalk-related accidents and how liability is determined in each case.
WHAT IS JAYWALKING?
Jaywalking generally refers to a pedestrian crossing the street illegally or unsafely. This may include:
- Crossing the road at a point other than a crosswalk
- Crossing against a traffic signal
- Walking diagonally through an intersection
- Entering the street from between parked cars or other obstructed areas
Jaywalking is usually considered a minor infraction, but it can have serious consequences. Pedestrians who jaywalk may be putting themselves at risk by stepping into traffic unexpectedly, giving drivers little time to react.
WHAT IS A CROSSWALK ACCIDENT?
Crosswalk accident refers to the situation when a pedestrian is hit by a car when he/she is crossing the road within a marked crosswalk legally. Crosswalks can be marked or unmarked, but they are generally located at intersections and are designed to provide pedestrians with a safe zone to cross.
In most jurisdictions, drivers are required to yield the right-of-way to pedestrians in crosswalks. When a driver fails to stop or slow down for a pedestrian in a crosswalk, it can lead to a collision and subsequent injury or death.
DETERMINING FAULT IN JAYWALKING ACCIDENTS
In cases where a pedestrian was jaywalking at the time of the accident, the assumption might be that the pedestrian is at fault. However, this is not always true. Liability is based on negligence, which means that both the pedestrian and the driver’s behavior will be scrutinized.
For instance, if a pedestrian darts out from between two parked cars and gives a driver no time to avoid a collision, the pedestrian may be found largely at fault. Conversely, in case the driver was speeding, inattentive, or under the influence at the moment, he or she may have – or even predominant part of the fault.
Some states follow a comparative negligence rule, meaning that fault is divided according to each party’s level of responsibility. In these jurisdictions, a jaywalking pedestrian who is found to be 30% at fault may still recover 70% of the damages from the driver.
Other states apply a contributory negligence standard, which bars the pedestrian from recovering any damages if they are found even 1% at fault. This is a harsh rule and only a few states still use it.
DETERMINING FAULT IN CROSSWALK ACCIDENTS
When a pedestrian is hit in a crosswalk, drivers are typically considered at fault, especially if the pedestrian was obeying traffic signals. Most state traffic laws mandate that drivers yield to pedestrians in crosswalks, whether the crosswalk is marked or not.
However, there are exceptions. A pedestrian who enters the crosswalk after the “Don’t Walk” signal starts flashing or who suddenly steps off the curb into the path of an oncoming vehicle may be found partially or wholly at fault.
Again, comparative negligence may apply. If the pedestrian contributed to the accident, their compensation may be reduced in proportion to their share of fault.
THE ROLE OF TRAFFIC LAWS AND EVIDENCE
To determine fault in either jaywalking or crosswalk accidents, investigators and attorneys will look at several forms of evidence, including:
- Surveillance or traffic camera footage
- Witness statements
- Police reports
- Cell phone records (to determine distraction)
- Traffic signal data
- Vehicle damage and accident reconstruction reports
In addition, the local traffic laws governing pedestrian and driver behavior are critical. For example, some cities impose stricter regulations about where and when pedestrians can cross, which can influence the outcome of a personal injury claim.
INSURANCE AND LEGAL CONSIDERATIONS
When a pedestrian suffers injuries, he or she can get compensated on medical expenses, lost income, pain and suffering, and other losses. However, identification of fault is a critical successful factor to a claim. In some cases, the driver’s insurance may try to deny responsibility by pointing to jaywalking or reckless pedestrian behavior.
This is the area in which a knowledgeable personal injury lawyer can prove priceless. An attorney can investigate the facts, collect evidence, and advocate on behalf of the injured pedestrian to ensure that their legal rights are protected.
SHARED RESPONSIBILITY: A COMMON OUTCOME
In many pedestrian accident cases—whether involving jaywalking or crosswalk use—fault is shared. A pedestrian might have crossed outside a crosswalk, but the driver might have been texting. Or a pedestrian might have had the right of way, but stepped out without checking for oncoming traffic.
These shared-responsibility cases are why many states use a comparative negligence model. The goal is to fairly apportion responsibility and allow injured parties to recover compensation in proportion to the driver’s negligence.
CONCLUSION
Determining fault in pedestrian accidents involving jaywalking or crosswalks requires a case-by-case analysis. While crosswalk accidents typically place more blame on drivers, jaywalking incidents do not automatically eliminate a pedestrian’s right to compensation. Factors such as driver behavior, road conditions, and local laws all influence the outcome.
Whether it is you or somebody you love that has been the victim of a pedestrian accident there is need to get in touch with a personal injury lawyer as soon as possible. An attorney can help navigate the legal complexities, advocate for your rights, and pursue the compensation you deserve—regardless of whether you were jaywalking or using a crosswalk.