How jaywalking can affect your claim in an auto-pedestrian accident

Crosswalks are areas where pedestrians can safely cross streets. Crossing outside these crosswalks or against traffic signals is against the law—this is called jaywalking. If a vehicle hits you while you are jaywalking, you might wonder if you’re still eligible for compensation. Here’s what Washington state law says.

You can still get compensation for injuries 

After a car accident, some people believe that jaywalking automatically prevents them from seeking compensation. However, the law is not that simple. In Seattle, and throughout Washington state, the law uses a system called “comparative negligence.” This helps decide the level of fault of each person in accidents. Insurance companies or a court will consider the actions of both the driver and the pedestrian.

If you are jaywalking and are injured by a vehicle, you can still receive compensation for your injuries. However, your own negligence may be part of the equation. The insurance company or the court might determine that you share some of the blame for the accident. The driver may also share responsibility if they were speeding, distracted or failed to exercise reasonable care.

Both parties’ actions are considered in the accident

The degree of fault of each party can affect the compensation you might receive. For example, if you were 30% at fault for jaywalking, and your total damages are $100,000, you may only be able to recover 70% of that amount, or $70,000.

Even if you were jaywalking, the driver still has a duty to exercise reasonable care to avoid hitting pedestrians. So, if a driver hits a jaywalking pedestrian, the driver remains partially responsible, and the pedestrian may still have a right to compensation.

After an accident, consider seeking advice from a personal injury attorney. They can evaluate your case and help you understand your legal options.

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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