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 & Mausner can help traffic accident victims with their cases.
Traffic accidents involving a pedestrian and a vehicle are unfortunate because they can be prevented, and the pedestrian often gets the worse end of the stick. 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.
If you hit a Jaywalker, who is at fault – Vehicle or Jaywalker?
Operating a motor vehicle carries a responsibility for situational awareness when the vehicle is in motion, 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 because they are 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, jaywalking can violate traffic law because the pedestrian has carelessly decided not to use the paved crossing markers on intersections.
These markers are purposefully painted on the pavement in a bright yellow or white color to 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
No one is above the law while adhering to the traffic laws put in place under state and local legislatures. It is generally considered unlawful for a pedestrian to recklessly jaywalk in areas such as a highway or a road where walking is not permitted.
In purpose-built areas like a school zone, residential neighborhood, or shopping center, drivers of motor vehicles need to exercise more caution when operating their vehicles.
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 that will depend on whether the state in which the accident occurred follows contributory or comparative negligence procedures and guidelines.
In the case of a reckless jaywalking pedestrian that was texting, talking on the phone, or was distracted while walking out onto the street and got hit by a car, the pedestrian is often at fault.
But the driver may also share the fault if they had ample opportunity to avoid the crash but did not take advantage of it because the driver was also negligent.
Hope you get the answer of the question, “If you hit a jaywalker, who is at fault?”