Legal Guide

Personal Injury While Jaywalking. Who's responsible?

If you’re operating a motor vehicle and hit a pedestrian while they’re jaywalking, it’s possible you’ll be liable for their bodily harm, even though they were illegally jaywalking. The pedestrian’s bodily injury claim may require you to pay for their medical bills now and in the future; their pain and suffering; their psychological anguish; and any wages they’ve lost from work.

When you operate a motor vehicle, it is always your responsibility to drive carefully and account for any road conditions, including jaywalkers. It’s necessary that drivers operate their motor vehicle in a way that won’t damage property or individuals, even if other conditions aren’t following the law. This is why you could be held liable for hitting a jaywalker.



If a person is breaking the law by jaywalking, and you hit that person as they’re crossing the street, you could still be held liable for their injuries because you should have been driving carefully in respect to the road conditions. When driving, always pay close attention to what’s in front of you and keep an eye out for jaywalkers. This is especially important if you’re driving near a school or through a residential area. If you notice a person walking along the side of the road or on a sidewalk, consider that they may unexpectedly try to cross the road and jaywalk.

Pedestrians commonly walk into the road without even noticing that a car is coming their way. It’s also possible that the pedestrian doesn’t realize they’re jaywalking and isn’t purposely breaking the law. If a person is distracted in some way, like by talking on the phone or texting a friend, they may not realize they’ve strolled into the street; even if they purposely walked into the road to cross the street, they may not realize how dangerous the traffic is or that there’s a car headed their way. If something like this happens, the pedestrian will be considered at fault, but it’s possible the driver will also be at fault, especially if the driver could have prevented the accident. Finding the pedestrian at fault doesn’t mean that the driver can’t also be found negligent.

If you’re a pedestrian who was hit by a motor vehicle while jaywalking, it’s possible that you have a case against the person who hit you, even if you were at fault as well. For anybody in north Florida get in touch with a personal injury lawyer jacksonville fl. If it was possible for a driver to avoid a car crash, they’re expected to do what’s necessary to avoid that crash. Far too often, both pedestrians and drivers aren’t paying close enough attention to what’s happening around them.

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