Are jaywalkers entitled to compensation after a car accident?

On Behalf of | May 24, 2024 | Personal Injury |

Jaywalking often leads to car accidents. Even though it is usually illegal, a driver who hits a pedestrian can still be responsible for injuries or damages. Each case is unique. So, even if a jaywalker was hit by a car, they should not assume they have no right to compensation.

They may still claim compensation for medical expenses, lost wages and other damages related to the accident. But it’s important to establish the facts of what exactly happened.

It depends on the driver’s behavior

Connecticut law says both the pedestrian and the driver can share the blame for an accident. For example, imagine a pedestrian jaywalking when a speeding car hits them. If they were partially at fault for an accident, they might still recover damages if the driver was also at fault due to:

  • Driving beyond the legal speed limit
  • Failing to yield the right of way
  • Driving while distracted or impaired

If any of these conditions apply, the driver could pay a portion of the damages. In this scenario, if the court determines the pedestrian is 30% at fault for walking outside a designated crosswalk, their compensation decreases. If they were initially to receive $10,000, they might only get $7,000.

It might be better to seek legal help

Knowing the details of the accident, collecting evidence and understanding how car accident laws work can help build a solid case for compensation. This is especially true when dealing with insurers. Insurance companies often try to pay as little as possible. Sometimes, they might even refuse to pay at all.

Dealing with injuries already makes the situation difficult for the victim. When jaywalking is involved, seeking compensation becomes an even more complex process. Because of this, it can be helpful to consult an attorney experienced in personal injury cases. An attorney can help the injured understand their rights and represent their interests in the event of claim disputes or denials by the insurance company.


FindLaw Network