Even if you were jaywalking, your injury might not be your fault. Understanding your legal rights is the first step to determining what to do next. The good news is that even if you weren’t crossing at a designated crosswalk, you can still have the right to pursue a claim for your injuries.
It’s common to think that jaywalking automatically makes you responsible for an accident, but that’s not always true. What’s most important is how the driver behaved leading up to the crash. If the driver was distracted by their phone, speeding, or failing to obey traffic laws, their actions can still make them liable for the accident.
A Fort Smith pedestrian accident lawyer can help handle the process, protect your rights, and ensure you’re not unfairly held responsible for something that wasn’t entirely your fault.
What Is Jaywalking?
Jaywalking means crossing the street outside a crosswalk or against a traffic signal. In some places, it’s illegal, while in others, it’s a minor infraction or not prohibited at all. Even if jaywalking is against the law, it doesn’t automatically mean you’re at fault if you’re hit by a car. In many situations, a pedestrian can cross safely without wrongdoing, especially if the driver isn’t paying attention or driving recklessly.
Just because you weren’t in a crosswalk doesn’t mean you lose your rights. Every case is different, and speaking with a pedestrian accident lawyer can help you understand how jaywalking impacts your case.
Common Causes of Pedestrian Accidents Involving Cars
Pedestrian accidents, whether involving jaywalking or not, often happen due to a driver’s actions behind the wheel. While it’s easy to assume that most accidents happen because of the pedestrian’s behavior, the reality is that many crashes are caused by a driver’s negligence.
Some of the most common causes of pedestrian accidents include:
- Distracted driving: Drivers texting, using GPS, or not watching the road can easily miss someone crossing. Even a brief distraction can lead to a severe collision.
- Speeding: Speeding drivers have less time to react and often can’t stop in time. The faster the vehicle, the more severe the injuries tend to be.
- Failure to yield: Some drivers don’t slow down or stop when pedestrians are crossing. It is especially dangerous at intersections and driveways.
- Driving under the influence: Alcohol or drugs slow a driver’s reaction time and impair judgment. Impaired drivers are more likely to hit pedestrians, even in well-lit areas.
- Running red lights or stop signs: Drivers who ignore traffic signals often collide with pedestrians crossing legally—or cautiously. These violations are a major sign of negligence.
If any of these behaviors contributed to your accident, it’s vital to consider them when building your case, whether you were in a crosswalk or not. A pedestrian accident attorney can help handle this challenging time and ensure your voice is heard.
Driver Responsibility and Negligence in Pedestrian Accidents
Drivers have a legal obligation to keep pedestrians safe, no matter where they are crossing. This duty doesn’t go away just because someone is jaywalking or crossing outside of a crosswalk. Even if a pedestrian isn’t in a crosswalk, drivers are still required to stay alert and be ready to stop if someone is in their path. Drivers can’t assume it’s safe to ignore pedestrians because they’re not in a marked area. This is especially important in busy areas where pedestrians are common.
If a driver is speeding, texting, or not paying attention to the road, they put everyone around them at risk—including pedestrians who may not be crossing in the “proper” spot. State laws require drivers to be cautious and to always prioritize pedestrian safety. If a driver fails to notice you or has time to stop but doesn’t, they may still be held responsible for the accident.
How to Determine Fault in Pedestrian Accidents Involving Jaywalking
One of the most complicated aspects of pedestrian accident cases, especially those involving jaywalking, is determining who was truly at fault. It’s rarely as simple as pointing to one person and saying they’re responsible.
Several factors may be considered when evaluating fault:
- Was the driver distracted or speeding?
- Was visibility poor due to weather or lighting?
- Did the pedestrian cross suddenly, or were they already on the road?
- Was the driver following traffic laws?
- Was the area known for foot traffic or near a bus stop?
Pedestrian accident attorneys can analyze evidence like traffic footage, police reports, and witness statements to determine what happened. Even if you were jaywalking, the driver’s actions may still be the key factor in the accident. A pedestrian accident lawyer can help ensure your side of the story is heard, and your rights are protected.
What Evidence Can Strengthen Your Jaywalking Pedestrian Accident Claim?
When you’re hit by a car—especially while jaywalking—it’s important to gather as much evidence as possible. The more information available, the easier it becomes to show who was responsible for the accident.
Useful evidence may include:
- Traffic or surveillance camera footage: Videos from nearby traffic or security cameras can provide a clear and unbiased view of the accident. This footage can help establish exactly how the incident unfolded and who was at fault.
- Witness statements: Eyewitness accounts are invaluable in supporting your version of events. These statements can add credibility and detail to your claim, particularly when other evidence is scarce.
- The police report: The police report is an official document that contains the officer’s observations, details about the scene, and any citations issued. It provides an impartial record of the accident that can strengthen your case.
- Photos of the scene: Photographs taken at the accident site can capture the road conditions, damages, and any relevant hazards. These images offer vital context that can strengthen your case by visually documenting the scene.
- Your medical records: These records document the injuries you sustained and the treatments you received. They are essential for proving the extent of your damages and the long-term effects of your injuries.
- Driver’s statements or admission of fault: This can be powerful evidence if the driver admits fault or makes statements acknowledging their responsibility. Such statements can significantly strengthen your claim and establish liability.
Your pedestrian accident lawyer can help secure and organize this evidence to build the strongest case possible, even if you weren’t in a crosswalk at the time of the crash. They will carefully review all available information, ensuring no vital detail is overlooked.
Can You File a Claim Against the City or Municipality for a Pedestrian Accident?
In some cases, the city or municipality may share responsibility for a pedestrian accident. Poorly designed intersections, missing crosswalks, broken traffic signals, or overgrown foliage that blocks visibility can all contribute to unsafe pedestrian conditions.
If government infrastructure played a role in your injury, you can file a claim against a city or local government. These cases often come with unique rules, shorter deadlines, and special procedures, so it’s important to consult a pedestrian accident attorney experienced with claims against governmental entities.
Don’t assume you have no options because a government agency is involved. Speak with a pedestrian accident attorney to fully understand your rights and explore all avenues for compensation.
Special Considerations for Elderly or Disabled Pedestrians in Accidents
Accidents involving elderly or disabled pedestrians need to be handled with extra care. These individuals may move more slowly, have trouble hearing or seeing traffic, or need more time to cross the street. Because of this, drivers have an even greater responsibility to stay alert and act cautiously when approaching them.
If you or a loved one is elderly or disabled and were struck by a car—even while jaywalking—it’s important to understand that the law may hold the driver to a higher standard of care. Your physical condition can make the injuries more severe, which may also affect the value of your claim.
No one should feel ignored or dismissed because of their age or disability. If you’ve been involved in an accident, a pedestrian accident attorney can ensure these important factors are considered and help pursue the justice and compensation you deserve.
How to Get Compensation for Injuries After a Pedestrian Accident
If you’ve suffered an injury in a pedestrian accident, you may be entitled to compensation reflecting the toll the accident has taken on your life. A claim can help cover both the financial and emotional losses you’ve experienced, including:
Medical expenses
This includes emergency treatment, follow-up visits, surgeries, rehabilitation, and long-term care costs. Serious injuries often require ongoing care, and your claim can account for current and future medical needs.
Lost income or reduced earning ability
If you’ve missed work or are unable to return to your job due to the injury, you deserve compensation for that lost income. It also includes future earning potential if your injury prevents you from returning to work or limits the type of work you can do going forward.
Pain and suffering
The physical pain you endure after the accident doesn’t always show up in medical records but is just as real. Compensation can help you acknowledge your pain and the emotional distress that comes with it.
Emotional distress
Accidents often leave a lasting emotional impact. Anxiety, depression, trauma, and other mental health struggles are common after a pedestrian accident. Compensation can reflect the psychological toll the incident has taken on your life.
Permanent disability or scarring
If your accident has left you with long-term disabilities or visible scars, your claim can address how these injuries affect your daily life. Permanent disabilities can impact mobility, ability to work, and overall quality of life. Visible scarring can also affect your self-esteem and emotional well-being.
Your personal injury lawyer can help ensure your claim reflects the full impact of your injury. Insurance companies may not fully recognize your needs, but an experienced lawyer will fight to ensure you get the compensation you deserve.
How Long Does a Pedestrian Accident Claim Take to Settle?
The timeline for a pedestrian accident claim can vary significantly from case to case. While some claims settle within a few months, others, especially those with serious injuries or disputed faults, may take longer to resolve.
Several factors affect how long it will take, including the severity of your injuries, the time required for recovery, and how cooperative the insurance company is during negotiations. Your pedestrian accident lawyer can help keep your case moving forward efficiently so you can focus on healing while they ensure the process doesn’t drag on unnecessarily.
Challenges of Dealing with Insurance After a Pedestrian Accident
Dealing with insurance companies after a pedestrian accident is tough. Insurance adjusters are trained to find ways to reduce or deny claims, often using tactics that can leave you feeling powerless. If you were jaywalking when the accident occurred, they might try to make you feel like it’s your fault.
You may hear comments like:
- “You shouldn’t have been crossing there.”
- “You’re mostly at fault.”
These kinds of remarks can add to your frustration and stress, especially when you’re trying to recover from an injury.
Handling this process alone while you suffer an injury can be overwhelming. Insurance companies often aim to pay as little as possible. Your lawyer protects your rights, handles communication with insurers, and gathers the evidence to strengthen your case. They’ll also push back against lowball offers and unfair denials, fighting for a fair settlement.
Swift Action Can Strengthen Your Case, Call a Pedestrian Accident Attorney Today
If you or a loved one has suffered an injury in a pedestrian accident—whether jaywalking or crossing at a crosswalk—it’s important to speak with a personal injury lawyer immediately. They can review the details of your case, gather evidence, and fight on your behalf to get you the compensation you deserve.
Pedestrian accidents can cause serious injuries and have a lasting impact on your health, career, and overall quality of life. Your Fort Smith personal injury lawyer can help ensure you’re not left shouldering the financial burden of someone else’s negligence.