Accidently, if you hit a jaywalker who is at fault? They will be compelled to file a bodily injury claim that will cost you time and money. They will want reimbursement for their medical bills, lost wages, and pain and suffering. Balkin & Mauser can help traffic accident victims with their cases.
Traffic accidents involving a pedestrian and a vehicle are unfortunate. But, people can prevent them, since pedestrians often suffer the most. It may be easy to blame the driver since an operator of a vehicle may have more responsibility. But this is not always the case. It is also probable that the pedestrian could be at fault, especially if there is a traffic law violation.
Table of Contents
If You Hit A Jaywalker, Who Is At Fault – Vehicle Or Jaywalker?
Driver’s Negligence
Operating a motor vehicle carries a responsibility for situational awareness when the vehicle is in motion. It is especially in an area where people often cross the street.
To avoid driver negligence, it is vital to adhere to traffic laws and be attentive to road conditions that may contribute to or cause an accident.
A negligent driver will likely be at fault. They may be driving in a manner that puts other drivers, pedestrians, and property at risk.
This is why it is crucial to stay attentive on the road in high-traffic areas to avoid an accident in the first place.
Reckless Crossing on High Traffic Roads
In certain situations, if you hit a jaywalker, he is at fault. Jaywalking violates traffic law because the pedestrian carelessly decided not to use the marked crossings at intersections.
These markers are purposefully painted on the pavement in a bright yellow or white color. They help pedestrians cross streets safely and in an orderly fashion.
Pedestrians who jaywalk put their lives in unnecessary danger and risk causing an accident.
Obeying the Rules of the Road
If you hit a jaywalker, who is at fault when anyone is not following the traffic rules? No one is above the law while adhering to the traffic laws put in place under state and local legislatures. It is generally unlawful for a pedestrian to recklessly jaywalk. This is especially true in areas such as highways or roads where walking is not permitted.
Drivers of motor vehicles need to be more careful when operating their vehicles in purpose-built areas. These include a school zone, residential neighborhood, or shopping center.
Shared Legal Responsibility
Pedestrians and drivers must also obey traffic signals and signage on the road to avoid unwanted traffic accidents.
In situations where both parties may be at fault, negligence will likely factor into a “shared fault” incident. It will depend on whether the state in which the accident occurred follows contributory or comparative negligence procedures and guidelines.
The pedestrian is often at fault when a reckless jaywalker gets hit by a car. The jaywalker may have been texting, talking on the phone, or distracted while walking out onto the street.
But the driver may also share the fault. They had ample opportunity to avoid the crash. However, they did not take advantage because the driver was negligent.
Hope you get the answer of the question, “If you hit a jaywalker, who is at fault?”