In legal terms, a pedestrian is any person that is on foot, regardless of whether the person is standing, walking, or running. In other words, as long as a person is on foot, they are considered to be a pedestrian.
Additionally, some states extend the definition of pedestrians to include people who are on skateboards, scooters, or skates. For example, the California Department of Motor Vehicles’ definition of pedestrian also includes these people.
A pedestrian accident is an accident that involves one or more pedestrians being struck by a motor vehicle. Pedestrian accidents are fairly common in the United States, with a considerably high percentage of pedestrian accidents resulting in severe injuries to the pedestrian.
One of the most common pedestrian accidents involves a pedestrian suddenly running out in front of a motor vehicle. For example, there are numerous pedestrian accidents that occur in neighborhoods when the driver does not see or account for children running out of their driveway.
In terms of the potential liability for hitting a pedestrian, there may be both civil and criminal penalties. For example, the penalty for hitting a pedestrian could include jail time, a ticket, or a combination of both imprisonment and a fine.
Additionally, the pedestrian may also hold the driver who struck them civilly liable for the damages they suffered, if the pedestrian is able to demonstrate that the driver was the negligent at-fault party.
Can I Sue If I Was Hit By A Car While Jaywalking?
Jaywalking is the act of crossing or walking in a street or road unlawfully, or while disregarding approaching traffic. It can also include crossing a roadway at any point other than a suitable and designated crosswalk. If a car hits you while you are jaywalking, you may be able to receive some compensation if the driver was also negligent or broke the law in some way. However, the driver will likely argue that you were at fault for not following the law by jaywalking.
When a pedestrian jumps in front of an oncoming car, and the driver did no wrong because they were following the law, the pedestrian is less likely to collect damages for their injuries. This is because the driver did not have any other choice, and could not get out of the way. Under these circumstances, video footage and/or witness evidence can assist the insurance adjuster in determining who is at fault for the pedestrian’s injuries.
In order for the pedestrian to claim that the driver was at fault, even if they were jaywalking, the pedestrian must prove that the driver was negligent in some way. Negligence is the duty to act in a reasonable manner in order to avoid causing injuries to others. If a person fails to act reasonably and, through this failure, causes harm to the person or property of another, they have committed negligence.
What Is Negligence?
Once again, negligence is a legal concept that generally refers to the failure of an individual to behave with the level of care that a reasonable person would have exercised under the same circumstances. If a person is found to be negligent, and an injury results from their actions or inaction, then they may be held civilly liable for any injuries that resulted.
In order for an injured person, known as a plaintiff, to successfully recover for their injuries based on the negligent actions or inaction of the person alleged to have caused their injuries, i.e. the defendant, they must prove all of the elements required for negligence.
Although the exact legal elements necessary to prove negligence vary by state, in general the plaintiff must prove all of the following elements:
- The defendant owed the plaintiff a duty.
- In the case of automobile accidents, all drivers owe other drivers, passengers, and pedestrians a duty of reasonable care to operate their vehicle in a safe manner to prevent injuries to others;
- The defendant breached the duty owed to the plaintiff;
- The defendant’s actions were the cause of the plaintiff’s injuries; and
- There was an actual and quantifiable harm suffered by the plaintiff.
- Generally a plaintiff will prove they suffered a quantifiable harm by providing evidence of hospital bills, etc.
What Is Comparative Negligence? What Is Contributory Negligence?
As far as determining liability in a car accident case, that will depend on the laws of the state in which the accident occurred. Establishing liability in a car accident case is important because it determines which party can recover damages for their injuries, and in what amount.
Contributory negligence is a legal concept that states that if the plaintiff is considered to be at all negligent in the incident, then they cannot recover any damages from the defendant. As such, in contributory negligence states, any negligence on behalf of the plaintiff will totally bar them from recovering for their injuries.
For example, if a plaintiff failed to use a crosswalk or attempted to quickly race across a street in an unsafe manner in an attempt to beat oncoming traffic, that contributory negligence may result in them being barred from recovering for their injuries.
Similar to contributory negligence, comparative fault theory is another legal concept that is widely used by many states in order to determine damage reduction in negligence cases. Examples of different forms of comparative negligence include:
- Pure Comparative Negligence: For pure comparative negligence, the amount that a plaintiff can receive in monetary damages is reduced by their fault percentage.
- For example, if a plaintiff sues the driver that hit them while they were walking in the street for $100,000 but is found to be 80% at fault in the incident for not utilizing a sidewalk or staying off the road, they may still be able to receive $20,000 in damages;
- Modified Comparative Negligence (50% Rule): For modified comparative negligence, plaintiffs are barred from recovery if they are found to be 50% or more at fault for the accident.
- This means, so long as plaintiffs are considered to be 49% percent or less negligent, they can still recover damages, with their recovery being reduced by their fault percentage; and
- Modified Comparative Negligence (51% Rule): For modified comparative negligence, the same rule applies as above, but the percentage of plaintiff negligence that bars recovery is higher.
- In other words, the damaged party can recover if the judge or jury rules that they are 50% or less responsible for the automobile collision.
- Modified comparative negligence is followed by a majority of the states.
- Although the number difference between the 50% and 51% approaches is considerably small, the intention is that when the plaintiff and defendant share the blame equally, the injured party should still be able to seek reduced compensation.
Are There Any Defenses To Negligence In A Jaywalking Injury?
The defense in a jaywalking injury case will likely argue that the victim contributed to or caused their own injuries by jaywalking. The legal theory for this argument is that nobody should be forced to pay for injuries that are actually the fault of the person who was injured.
Other defenses to negligence in a jaywalking injury will be to attack the actual elements that must be proven by the plaintiff. For instance, the defense may argue that they were not in fact negligent, as they were not negligent, but rather the plaintiff jumped out in front of their vehicle.
Another defense to the civil claim being brought against the defendant is that the plaintiff has failed to state a claim upon which relief can be granted. For instance, if the defendant did not actually injure the plaintiff, but instead was close to injuring them, then the plaintiff will likely not be able to recover any damages.
Do I Need A Lawyer If I Was Hit By A Car While Jaywalking?
If you were hit by a car while jaywalking, it may be in your best interests to consult with an experienced car accident attorney. An experienced personal injury lawyer can help you understand your legal rights and options according to your state’s specific personal injury laws regarding car accidents with pedestrians.
Additionally, a personal injury attorney will be knowledgeable in terms of whether your state is a comparative negligence state or a contributory negligence state, and how that may affect your potential monetary damages award. Finally, your personal injury lawyer will also be able to represent you in court, as needed.
If you have struck a pedestrian with your motor vehicle, it is in your best interests to consult with an experienced traffic ticket attorney immediately. Penalties for striking a pedestrian with a motor vehicle include both criminal and civil penalties. As such, it is important to enlist the aid of an attorney to ensure your legal rights are protected on both fronts.
