Jaywalk Accident Lawyer

If you or a loved one has been involved in a car accident related to jaywalking, you need skilled legal representation to protect your rights and pursue appropriate compensation. At Breit Biniazan, we have extensive experience handling cases involving pedestrian accidents, including those complicated by jaywalking factors.

Our dedicated team understands the nuances of these cases—whether you’re a pedestrian injured by a vehicle or a driver navigating complex liability issues. We’ll work tirelessly to investigate your case, negotiate with insurers, and advocate for the best possible outcome. Below, we provide an overview of the critical information surrounding jaywalk accidents to help you understand your rights and options.

Contents

• What is Jaywalking?
• Overview of Jaywalking Laws
• Common Causes of Jaywalk Accidents
• Statistics and Trends
• Legal Consequences for Jaywalkers
• Responsibilities of Drivers
• How to Prevent Jaywalking Accidents
• Injuries Associated with Jaywalk Accidents
• What to Do After a Jaywalking Accident
• Seeking Compensation for Jaywalking Accidents
• Proving Fault in a Jaywalking Accident Lawsuit
• Frequently Asked Questions About Jaywalking Accidents

What is Jaywalking?

Jaywalking is the act of crossing a street outside of designated crosswalks or disregarding traffic signals. This action can increase the risk of accidents, as it often places pedestrians in the path of oncoming traffic.

While jaywalking is generally discouraged and may be illegal in certain areas, not all instances lead to a presumption of pedestrian fault in the event of an accident. Each case is unique, and fault depends on the specific circumstances. It is crucial for pedestrians to adhere to traffic laws for their own safety and the safety of others.

Overview of Jaywalking Laws

Jaywalking laws vary by state and municipality, but they generally require pedestrians to cross streets at crosswalks, whether marked or unmarked, and to obey traffic signals. In most cases, pedestrians who disregard these rules may be cited for jaywalking. However, even when a pedestrian is technically in violation, drivers may still share liability if they are found to be negligent in their driving behavior. Breit Biniazan’s attorneys can help clarify the legal responsibilities of both pedestrians and drivers in your case.

Common Causes of Jaywalk Accidents

Jaywalk accidents can occur for a variety of reasons, including:

• Poor visibility – Dark clothing, lack of street lighting, and weather conditions can make pedestrians difficult to see.
• Distracted driving or walking – Both drivers and pedestrians may be preoccupied with phones or other distractions.
• High-speed zones – Fast-moving vehicles reduce reaction time, increasing the risk of severe accidents.
• Alcohol impairment – Both drivers and pedestrians under the influence of alcohol are more prone to making risky decisions.
• Road design – Areas without clear crosswalks or pedestrian signs may contribute to jaywalking and subsequent accidents.
• Traffic crashes – More than five thousand pedestrians are killed in traffic crashes in the United States each year, highlighting the frequency and severity of these incidents.

Statistics and Trends

Jaywalking accidents remain a significant safety concern, every day 20 people walk outside and end up killed by a moving vehicle. In the United States, pedestrian fatalities have been on the rise, with many occurring outside of designated crosswalks. Statistics indicate that a large proportion of these accidents happen at night, in urban areas, and involve drivers who may be speeding or distracted.

Legal Consequences for Jaywalkers

While jaywalking itself may result in fines or minor citations, it does not automatically prevent pedestrians from recovering damages in an accident case. Jaywalkers who are injured may still pursue compensation if the driver is found partially at fault. Breit Biniazan can help navigate the legal implications of jaywalking in your case, ensuring that liability is assessed accurately. Even if the pedestrian is partially responsible, they can still receive partial compensation based on the specifics of their case.

Responsibilities of Drivers

Drivers have a responsibility to exercise caution and remain vigilant, especially in areas where pedestrians are present. This includes obeying speed limits, yielding to pedestrians, and avoiding distractions. Even in cases where a pedestrian is jaywalking, drivers may still bear partial responsibility if they were speeding, driving distracted, or failing to keep a proper lookout. Serious injuries can result from pedestrian accidents, leading to significant medical expenses and loss of income.

How to Prevent Jaywalking Accidents

Both pedestrians and drivers can take steps to reduce the risk of jaywalking accidents:

• Pedestrians should use designated crosswalks, remain visible, and avoid distractions like phones.
• Drivers should reduce speed in pedestrian-heavy areas, remain attentive, and be especially vigilant in poor lighting conditions.
• City planners can also improve road design to include more crosswalks and better lighting, which has been shown to reduce pedestrian accidents.

Injuries Associated with Jaywalk Accidents

Jaywalk accidents often result in severe injuries for pedestrians, given the lack of protection in collisions with vehicles. Common injuries include:

• Fractures and broken bones
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Internal injuries
• Lacerations and abrasions

These injuries can require extensive medical treatment and may have lasting impacts on the victim’s quality of life. Emergency medical care is crucial in the context of pedestrian accidents to prevent serious health consequences, especially when injuries are not immediately apparent. Breit Biniazan can help you seek compensation to cover medical expenses, rehabilitation costs, lost wages, and other damages.

What to Do After a Jaywalking Accident

If you’ve been involved in a jaywalking accident, follow these steps:

1. Seek medical attention immediately for any injuries.
2. Report the accident to law enforcement, providing an accurate account of the events.
3. Document the scene by taking photos, gathering witness information, and noting any factors that contributed to the accident.
4. Avoid discussing fault with the other party or insurance companies.
5. Consult an experienced jaywalk accident lawyer to understand your legal rights and next steps.

Seeking Compensation for Jaywalking Accidents

If you’ve been involved in a jaywalking accident, you may be entitled to seek compensation for your injuries, even if you were partially at fault. In many states, pedestrians who are hit by a car while jaywalking can still recover damages. However, the amount of compensation you can obtain may be adjusted based on your level of fault.

To pursue compensation, you will need to file a claim against the driver who hit you. This involves proving that the driver was negligent and that their negligence directly caused your injuries. Essential evidence includes medical bills, documentation of lost wages, and other expenses related to your injuries.

Insurance companies often attempt to deny claims or offer low settlements, especially in cases involving jaywalking. This is why it’s crucial to have an experienced pedestrian accident lawyer by your side. A skilled attorney can help you navigate the complex legal process, negotiate with the insurance company, and fight for the compensation you deserve. They will ensure that all aspects of your case are thoroughly investigated and that your rights are protected throughout the process.

Proving Fault in a Jaywalking Accident Lawsuit

Proving fault in a jaywalking accident lawsuit can be challenging but is essential for securing compensation. To establish fault, you must demonstrate that the driver who hit you was negligent and that this negligence caused your injuries.

One way to prove fault is by showing that the driver violated traffic laws, such as failing to yield to pedestrians or speeding. Evidence such as witness statements, video footage, and police reports can be invaluable in supporting your claim. Additionally, expert testimony can play a crucial role. For instance, an accident reconstruction expert can analyze the scene and provide insights into how the accident occurred, while a medical expert can testify about the extent and cause of your injuries.

Even if you were jaywalking, you might still recover compensation if the driver was partially at fault. Many states follow comparative negligence laws, which allow injured pedestrians to recover damages proportionate to the driver’s level of fault. This means that even if you share some responsibility for the accident, you can still obtain compensation for your injuries.

Proving fault requires a thorough investigation and a defined legal strategy. If you’ve been involved in a jaywalking accident, it’s essential to consult with an experienced pedestrian accident lawyer. They can help you gather the necessary evidence, build a strong case, and work towards recovering the compensation you deserve. Contact Breit Biniazan for clear and concise consultation.

Frequently Asked Questions About Jaywalking Accidents

Can a jaywalker recover compensation if they are partially at fault?

Yes, depending on state laws, a jaywalker may still be eligible for compensation even if partially at fault. Comparative negligence laws allow for damages to be awarded proportionally to each party’s level of fault.

What happens if both the driver and pedestrian are at fault?

In cases where both parties share fault, liability will be distributed according to their degree of responsibility. This can affect the amount of compensation a pedestrian receives.

Will the insurance company deny my claim because I was jaywalking?

Insurance companies may argue contributory negligence, but they cannot outright deny a claim based on jaywalking alone. Breit Biniazan can help challenge unfair denials or low settlement offers.

Are there legal penalties for jaywalking?

Penalties for jaywalking typically include fines, though these vary by state and locality. However, a citation does not automatically mean the pedestrian is at full fault in an accident.