Do You Still Have a Case if You Were Injured While Jaywalking?

Getting struck by a vehicle while walking is a traumatic and painful experience, even more so when the collision occurs while you’re jaywalking. If you were not in a designated crosswalk or were crossing against a traffic signal at the time of the accident, you might think you have no legal options. But that isn’t always the case. Under Pennsylvania law, pedestrians may still have the right to pursue compensation, even when their own actions contributed to the incident.

In this article, we’ll explain how fault is evaluated in pedestrian accidents involving jaywalking, what Pennsylvania law says about comparative negligence, and how a Pennsylvania pedestrian accident lawyer can help you understand your rights and options.

What Is Jaywalking Under Pennsylvania Law?

In Pennsylvania and many other states, jaywalking refers to crossing a roadway in violation of pedestrian traffic laws. This typically includes:

• Entering the street outside of designated crosswalks
• Crossing against a traffic signal
• Failing to yield to oncoming traffic when not at an intersection
• Walking along a roadway when a sidewalk is available

While jaywalking is not a criminal offense, it may result in a citation and can influence who is considered at fault if a pedestrian accident occurs.

Can You File a Personal Injury Claim if You Were Jaywalking?

Yes, in many cases, you can still pursue a personal injury claim even if you were injured while jaywalking. Pennsylvania allows injury victims to recover compensation as long as they were not more than 50% at fault for the accident, known as comparative negligence.

This means that if the driver who hit you was speeding, distracted, or otherwise negligent, their share of responsibility may outweigh your own. In that scenario, you may still have a valid accident case.

Who Is at Fault in Pedestrian Accidents Involving Jaywalking in Pennsylvania?

Determining fault in pedestrian accidents requires an examination of the behavior of both the pedestrian and the driver. Questions that help determine liability include:

• Was the pedestrian crossing at a crosswalk or against a traffic signal?
• Was the driver speeding, texting, or ignoring traffic signals?
• Was visibility affected by road conditions like poor lighting or weather?
• Did either party have a reasonable opportunity to avoid the collision?
• Should the jaywalker have been clearly visible to the driver?

Drivers have a legal duty to yield to pedestrians in crosswalks, but that duty becomes more foggy when the pedestrian is crossing outside of a crosswalk or walking in the street rather than on a sidewalk. Still, even if you were not in a crosswalk, the driver is not automatically cleared of responsibility. Pedestrian accidents require a detailed investigation into the conduct of all parties, something with which the skilled Pennsylvania pedestrian accident lawyers from Solnick Lawyers can help.

Understanding Jaywalking and Comparative Negligence in Pennsylvania

Some states use a pure comparative negligence system, allowing injured pedestrians to recover even if they were mostly at fault. Pennsylvania, however, follows a modified comparative negligence rule: if a pedestrian is determined to be 50% or less at fault, they can recover damages, but their total compensation is reduced in proportion to their share of fault.

Here’s an example: if you were crossing outside a crosswalk and are found to be 30% at fault, and your damages total $100,000, your compensation would be reduced to $70,000. But if you are found to be 51% or more at fault, you cannot recover anything.

This is why it is so important to work with a personal injury attorney who understands how to build a strong case against the other party and counter arguments from the insurance company that aims to shift blame onto you.

What to Do After Being Hit While Jaywalking in Pennsylvania

If you are involved in a pedestrian accident, even if you were jaywalking, your actions in the immediate aftermath can significantly impact your injury case. Here’s what to do:

1. Seek medical attention immediately. Even if your injuries seem minor, some may not show symptoms right away.
2. Do not admit fault. Avoid speculating or apologizing at the scene; statements made in the moment may be used against you.
3. Call the police and file a report. This creates an official record of the accident.
4. Document the scene. If possible, take photos of where the accident occurred, any traffic signs or signals, your injuries, and vehicle damage.
5. Collect contact information. If possible, gather details from the driver and any witnesses.
6. Speak to a pedestrian accident lawyer. An experienced attorney can evaluate your case, preserve evidence, and handle communications with insurers.

What Compensation Can You Recover if You Were Jaywalking?

Even if you were crossing the street outside a designated crosswalk, you may still be entitled to compensation, depending on the circumstances of how the accident occurred and who was primarily at fault. Potential compensation can cover your medical bills, pain and suffering, lost wages, or other damages.

Your compensation can also cover both current and future medical expenses. This may include emergency room visits, surgery, rehabilitation, prescriptions, and follow-up care. You may also be eligible to recover for pain and suffering, which includes the physical discomfort and emotional distress caused by your injuries, as well as the overall impact your injuries may have had on your lifestyle and activities of daily living.

If your injuries prevent you from working, you can claim lost income, both for missed time at work and any reduced future earning capacity. In some cases, damages may also include loss of enjoyment of life, permanent disability, or the need for long-term care.

Even if you bear some responsibility for the accident, a Pennsylvania pedestrian accident lawyer can help you recover from other at-fault parties, especially when their negligence clearly contributed to your injuries.

Contact a Pennsylvania Pedestrian Accident Attorney Today

Being injured while jaywalking doesn’t necessarily mean you don’t have a case. Fault in personal injury cases involving pedestrian accidents isn’t clear-cut, especially when drivers fail to meet their obligations behind the wheel.

At Solnick Lawyers, our team understands the complexities of pedestrian traffic laws in Pennsylvania and how to push back when insurance companies try to minimize your claim. If you were hurt while crossing the street, whether at a designated crosswalk or not, we’re here to fight for the compensation you deserve.

We’ve helped clients across Pennsylvania stand up to negligent drivers and their insurers. Contact us to get a free consultation with a Pennsylvania pedestrian accident lawyer today. We’ll review your case, explain your rights clearly and give you the support you need to move on with your life.  Put Solnick Lawyers on your side!