If you’re like most people, you’ve probably jaywalked at some point in your life. Sometimes it’s simply more convenient to cross the street at somewhere other than a marked intersection, and as long as you have your head on swivel, more often than not everything works out just fine. But what happens if you try to cut across the road and are struck by a vehicle? Can you still collect compensation, or are you out of luck because you were jaywalking at the time of the accident? In today’s blog, we explore whether or not you can get compensation if you are involved in a car accident while jaywalking.
Jaywalking Injury Compensation
Personal injury cases are already complex before you add in the fact that you were technically breaking the law at the time of your injuries. Once they find out that you were jaywalking at the time of the accident, you can expect some major pushback with your injury claim. This is one of the main reasons why it is so important to have an experienced injury lawyer by your side if you are filing an injury claim after being struck as a pedestrian. It’s going to be an uphill battle, and the insurance company will have lawyers on their side, so you need to have an experienced professional in your corner as well.
When it comes to getting compensation for these types of accidents, Minnesota follows a comparative fault standard. What this means is that you can be held partially at fault for your injuries, which would reduce the amount of compensation you could collect for damages. Even though you were jaywalking at the time of the accident, it doesn’t mean that you were 100 percent at fault for the accident. The court will look closely at all of the factors that contributed to the accident and assign you with a fault percentage. For example, let’s say that the court found you 20 percent at fault for your accident because you were jaywalking at the time of the accident. If you incurred $10,000 in medical expenses, you would be able to recoup all but 20 percent of that amount, or $8,000, as a result of your comparative negligence percentage.
Some factors that will be considered during your claim that could suggest that the driver carries a larger percentage of the fault include:
- If they were texting/distracted at the time of the accident.
- If they were speeding.
- If they had the right of way.
- If the driver was under the influence at the time of the accident.
- If any traffic laws were being violated at the time of the accident.
- If weather conditions played a role in the accident.
As you can see, you are going to need to build a strong case that suggests the driver holds the majority of the fault for your accident. After all, unless you darted out into the road unexpectedly, a driver should be paying close attention to the road and driving at safe speeds when around people. You certainly aren’t ineligible for compensation just because you were jaywalking at the time of the accident, but it doesn’t mean it will be easy to collect compensation.
You will likely be left with some hefty medical bills and related expenses if you are injured as a pedestrian, so make sure that you have a professional in your corner to assist. Also do what you can to avoid an injury in the first place, and if you are going to jaywalk, really make sure that it is safe to do so, otherwise you may find it difficult to collect full compensation for your damages. Walk defensively and legally, and trust your injury case to Dean and the team at Margolis Law Firm, and we know you’ll be happy with everything.
For more information about jaywalking injuries in Minnesota or a more standard pedestrian claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
