Jaywalking is a common yet often misunderstood practice that can have serious legal implications. While it may seem harmless to cross a street outside of designated crosswalks, jaywalking can lead to accidents, fines, and questions about liability.

Understanding the legal landscape surrounding jaywalking is essential, especially if you’ve been injured in an accident while crossing unlawfully.

Where Is Jaywalking Legal or Illegal?

Jaywalking laws vary widely across the United States, and it’s important to check state and city laws. Some states and cities enforce strict pedestrian crossing laws, while others are more lenient. In general, jaywalking refers to crossing a roadway outside of a marked crosswalk or designated intersection, often against traffic signals.

In cities like Los Angeles and New York, jaywalking has historically been strictly enforced, with pedestrians facing fines for crossing improperly. However, some places, such as California, have recently relaxed their jaywalking laws.

As of 2023, California’s Freedom to Walk Act decriminalized jaywalking in cases where it does not create an immediate hazard. Other states still impose fines, and in some cases, jaywalking can even be considered a contributing factor in pedestrian accidents.

Jaywalking and Liability in Pedestrian Accidents

If a pedestrian is struck while jaywalking, determining liability can be complex. In many cases, the pedestrian may share some responsibility for the accident. However, that does not automatically mean they cannot seek compensation. Most states operate under a comparative fault system, meaning that even if a pedestrian was partially at fault, they may still recover damages.

States With Pure Comparative Negligence

For example, in a state that follows a pure comparative negligence rule, a jaywalking pedestrian could sue the driver, but their compensation would be reduced by their percentage of fault. If they were found to be 40% at fault and the total damages were $100,000, they would receive $60,000.

States With Modified Comparative Negligence

Some states follow a modified comparative negligence rule with a 51% bar. This means that an injured pedestrian can recover damages only if they are found to be 50% or less at fault for the accident. If they are 51% or more at fault, they cannot recover any compensation. For example, if a jaywalking pedestrian in Indiana is found to be 40% at fault for an accident, their compensation will be reduced by 40%. However, if they are deemed 51% or more at fault, they will be barred from recovering damages altogether.

Can You Sue If You Were Jaywalking?

An Indianapolis pedestrian accident lawyer relayed that in many cases, a pedestrian can still sue after being hit by a car, even if they were jaywalking. However, the success of the claim will depend on several factors:

  • Driver Negligence: If the driver was speeding, distracted, or ran a red light, they might be held primarily responsible for the accident.
  • Duty of Care: Drivers have a legal duty to avoid hitting pedestrians when possible, even if the pedestrian is jaywalking.
  • State Laws: The pedestrian’s ability to recover damages will depend on the negligence laws of the state where the accident occurred.

If you were hit while jaywalking, it’s crucial to consult a personal injury attorney who can evaluate your case and determine the best legal options for seeking compensation.

Jaywalking might be a minor offense in some places, but it can carry significant consequences in the event of an accident. Understanding local jaywalking laws and how they impact liability can help pedestrians make informed decisions.

If you or a loved one were injured in a pedestrian accident, even while jaywalking, legal options may still be available to recover damages. Consulting with an attorney can clarify your rights and help you navigate the complexities of liability and compensation.