Can a Jaywalking Pedestrian Seek Compensation for an Accident?

Although crossing the street as a pedestrian in an area where there is no crosswalk is illegal in New York, people do it all the time. Sometimes the jaywalking law is enforced, but not always. However, jaywalking is still dangerous as pedestrians are at risk of getting hit by a car or another vehicle. The question is if you were jaywalking and got hit and injured by a car, are you still able to get any compensation for your injuries? The answer is yes and no.

Comparative Negligence

For most pedestrian accidents, including those involving jaywalking, the state of New York is a comparative negligence state. This means that the amount of compensation that an injured pedestrian can get depends on how much they contributed to the occurrence of the accident. If a pedestrian crosses the street at a busy intersection where a “no crossing” sign is posted and gets hit by the driver of a car that is not speeding and has obeyed all traffic laws, the pedestrian may end up with almost no compensation at all, since they are mostly at fault.

Figuring Out Who Is at Fault

Both pedestrians and automobile drivers must exercise reasonable care to avoid colliding with others on the road and are obligated to obey traffic rules and regulations. Whoever fails to do this the most in any given accident will be assigned the greatest percentage of fault. If a driver is drunk and hits a pedestrian, chances are, the driver will be 100% at fault. However, if a pedestrian blindly walks out in front of a car while texting on the phone, the pedestrian will be assigned a large part of the fault.

Call to Schedule a Free Consultation with a Pedestrian Accident Lawyer in New York Today

If you’ve been injured as a pedestrian, call to schedule a free consultation with a pedestrian accident lawyer in New York today. The legal experts at the Peter M. Jasen, P.C. law firm will thoroughly evaluate your case and advocate for the maximum amount of compensation for you.

We serve the cities of Buffalo, Amherst, Cheektowaga, Hamburg, and surrounding New York areas. Call us at (716) 472-4444 and let us give you legal advice you can trust.

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