I Was Jaywalking When I Was Hit. Can I Still File A Claim?

It can be hard to know what to do after a pedestrian accident, especially if you were jaywalking at the time you were hit. Many people believe that the fact that they were jaywalking automatically takes away their right to file a claim, but the reality is not that straightforward. 

At The Leach Firm, P.A., we are dedicated to helping those injured in pedestrian accidents obtain full and fair compensation for their losses. While every case is different, here are some general issues that may apply when a pedestrian accident involves jaywalking. 

Understanding Comparative Fault

In Florida and Georgia, the concept of comparative fault plays a significant role in personal injury claims, including pedestrian accidents. This legal principle allows you to recover damages even if you are partly at fault for the accident. However, the compensation you’re entitled to will be reduced by your percentage of fault. 

This means that even if jaywalking contributed to the accident, you might still have a valid claim. However, jaywalking cannot be considered the primary reason for your injuries. If the majority of the fault is yours, then the comparative fault rule prevents you from recovering compensation from others at fault for the accident.

To understand how this works, it is helpful to consider some examples. If you’re found to be 30% at fault for the accident because you were jaywalking, and the total damages amount to $100,000, your award would be reduced by 30% to account for your fault. This would allow you to recover 70% of the damages, or $70,000. However, if you’re found to be 60% at fault, you will not be permitted to recover at all. 

Specifically, in Florida, if you are more than 50% at fault, you cannot receive compensation. In Georgia, if you are at least 50% at fault, the law prevents you from recovering compensation. This makes it vitally important to gather all evidence indicating responsibility for causation of the accident and your injuries, because every detail matters.  

Jaywalking

Jaywalking, or crossing the street outside designated crosswalks or against traffic signals, often raises concerns about a pedestrian’s ability to file a personal injury claim after they have been struck by a vehicle. Florida and Georgia do not have traffic laws that specifically prohibit jaywalking, but their pedestrian laws do prohibit certain actions that many pedestrians commit in the process of jaywalking. 

It is important to remember that the ability to recover in a personal injury case hinges on causation, and the cause of an accident is usually very complex. The act of jaywalking may have contributed to the cause of an accident or the severity of injuries, but it is usually not the only cause. You need to consider a wide variety of factors including:

• The Driver’s Duty of Care: All drivers are legally obligated to exercise reasonable care on the road, including being vigilant for pedestrians, regardless of whether they are jaywalking. This duty of care means that if drivers fail to act responsibly and their negligence leads to an accident, they can be held liable.
• Your Duty of Care: Pedestrians are obligated to follow certain rules and exercise reasonable care when crossing or walking along the road. Your actions may have contributed to the cause of the accident in a variety of ways.
• Evidence and Documentation: The strength of your claim heavily relies on evidence. This includes photos from the accident scene, witness statements, police reports, and video footage. Such documentation can help establish the details of the incident, contributing to a clearer understanding of fault and liability.
• Impact of Local Laws: The specifics of jaywalking laws vary by location, with some areas imposing stricter regulations on drivers and pedestrians than others. Familiarity with local ordinances is crucial, as it can affect your case’s interpretation of fault and negligence.

Statute of Limitations Reminder

Remember, the time to file a claim for a pedestrian accident is limited. Florida recently shortened its statute of limitations for personal injury claims to two years, and that same limit also applies in Georgia. It is important to consult an attorney as soon as possible to preserve your rights and start preparing your claim.

Contact an Experienced Pedestrian Accident Lawyer in Florida and Georgia

At The Leach Firm, P.A., we’re committed to fighting for the best outcome for our clients. We offer clear, straightforward advice and support throughout your case. With over 100 years of combined experience in personal injury law, our team is well-equipped to handle the complexities of your claim, always striving for the best possible outcome on your behalf. Call us at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia. Let us help you understand your rights and take the next steps toward recovery.