Jaywalking is often misunderstood, and many injured pedestrians worry that crossing outside a designated crosswalk automatically prevents them from recovering compensation. However, motorists still have a legal duty to drive safely and avoid hitting pedestrians, regardless of where they are crossing.
Even if a pedestrian is not in a marked crosswalk, motorists must remain alert, maintain a proper lookout, and slow down when someone is in the roadway. When drivers' negligent actions cause a crash, they can be held liable for the injuries they cause.
At the Law Offices of Jason B. Kessler, our pedestrian accident attorneys understand the impact of the resulting injuries. We can prove that a driver's negligence, not a pedestrian's location, led to the crash.
Key Takeaway About Jaywalking
- Jaywalking involves crossing outside marked crosswalks, but drivers still have a legal duty to watch for and yield to pedestrians.
- Drivers must yield to all pedestrians, regardless of where they cross, to prevent accidents and injuries.
- After a pedestrian accident, seek medical attention, file a police report, and consult a pedestrian accident lawyer immediately.
- Settlement timelines vary based on the severity of the injury, the strength of the evidence, disputed liability, insurance delays, and whether the case proceeds to court.
- Call a pedestrian accident attorney to protect your legal rights.
What Is Jaywalking?
Jaywalking refers to crossing a street outside designated crosswalks or against traffic signals. While some jurisdictions have laws about where pedestrians should cross, drivers always bear primary responsibility for watching for and yielding to pedestrians, regardless of where they're crossing.
Motorists must remain alert and drive defensively, as pedestrians are vulnerable road users who deserve protection. Even if a pedestrian crosses unexpectedly, drivers are expected to take reasonable precautions to avoid collisions.
Do You Have to Yield to Jaywalkers?
Yes, drivers must yield to pedestrians even when they're jaywalking. Regardless of where a pedestrian is crossing, motorists have a fundamental duty of care to avoid hitting them. Traffic laws universally require drivers to exercise caution and take all reasonable steps to prevent collisions with pedestrians, whether they're in crosswalks or not.
When you're behind the wheel, you're operating a potentially deadly vehicle, and that brings added responsibility. Pedestrians are vulnerable road users who lack the protection afforded by metal frames, airbags, or seatbelts.
A moment's inattention from a driver can result in catastrophic injuries or death for someone on foot. Even if a pedestrian appears suddenly or crosses unexpectedly, drivers are expected to maintain speeds that allow them to stop safely.
They should also stay alert to their surroundings and anticipate potential hazards. Drivers, therefore, have a duty to reduce speed in areas with high foot traffic, avoid distractions, and remain vigilant at all times.
What Should I Do After a Pedestrian Accident?
Being struck by a vehicle as a pedestrian can be a traumatic and disorienting experience. In the immediate aftermath, you may feel overwhelmed by pain, shock, and confusion about what steps to take next.
However, the actions you take following a pedestrian accident can impact your physical recovery, legal rights, and ability to secure fair compensation for your injuries. Here's what to do if injured in a pedestrian accident:
Seek Immediate Medical Attention
Seek immediate medical attention even if you believe your injuries are minor. Some serious injuries, including internal bleeding, traumatic brain injuries, and spinal damage, may not present obvious symptoms right away due to adrenaline and shock masking pain.
Medical personnel can assess your condition, diagnose hidden injuries, and initiate a treatment plan. They will also document the injuries and your treatment plan. The medical records will create an official record that directly links your injuries to the accident.
A pedestrian accident lawyer can use the medical records to prove the extent of your injuries and support your compensation claim. Seeking prompt medical attention also protects your legal rights.
Delayed medical treatment can worsen your physical condition and give insurers a stronger negotiating position. They can use the delays as grounds to argue that your injuries weren't serious or weren't caused by the accident.
File a Police Crash Report
You should also contact a law enforcement officer immediately after the crash. When a law enforcement officer arrives at the scene, they will file a police crash report. The crash report provides an objective third-party documentation of the accident.
A police officer will record details such as the date, time, and location of the incident, as well as weather and road conditions. They can also attach statements from you, the driver, and any witnesses, and their preliminary assessment of fault.
A pedestrian accident attorney will use the report as evidence when dealing with insurance companies and establishing liability.
Consult a Pedestrian Accident Lawyer
You should also engage a pedestrian accident attorney immediately after the crash. They will assist in the aftermath of their crash by applying their knowledge of traffic laws, insurance regulations, and personal injury litigation.
Here's how a pedestrian accident lawyer can help you:
Evaluating the Case
A pedestrian accident attorney will conduct an initial consultation to assess the merits of your claim. They'll review the police report, examine your medical records, and analyze the accident circumstances.
They will then determine the potential value of your case based on factors like injury severity, long-term prognosis, availability of evidence, and liability. Their initial assessment will help them design a strategy for pursuing compensation.
Investigations
A pedestrian accident lawyer will initiate an investigation that will support your compensation claim. The process includes obtaining traffic camera footage, interviewing witnesses, and consulting accident reconstruction experts.
They can also gather the driver's history and insurance information, and document all your damages with the assistance of medical experts.
Adhering to Legal Timelines
Personal injury claims are subject to statutes of limitations, strict deadlines that vary by jurisdiction but typically range from one to three years. Missing these deadlines can permanently bar your right to compensation.
A pedestrian accident lawyer understands the applicable timelines in your case and will help you initiate a timely claim to protect your right to compensation.
Negotiating With Insurers
Insurance companies often employ tactics designed to minimize payouts. A pedestrian accident attorney can serve as your advocate, handling all communications with insurers and countering lowball settlement offers.
They can also object to attempts by insurers to shift blame onto you as the pedestrian.
Representation in Court
A pedestrian accident lawyer can represent you in court if negotiations fail to produce a fair settlement. They can present compelling evidence and arguments to secure the compensation you deserve.
How Long Does It Take to Settle a Pedestrian Accident?
Pedestrian accident settlements typically take anywhere from several months to several years to resolve. Simple cases may settle in three to six months, while complex cases can take 18 months to three years or longer.
The timeline depends on multiple interconnected factors that can either expedite or delay the process. Here are the factors likely to influence the timeline:
Severity of Injuries and Length of Medical Treatment
The extent of your injuries has an impact on how long your case takes to settle. Minor injuries, such as sprains or bruises that heal quickly, may allow for faster settlements. However, severe injuries such as spinal cord damage or multiple fractures require extensive medical treatment that can span months or even years.
Time Needed to Reach Maximum Medical Improvement
Maximum medical improvement (MMI) occurs when your condition has stabilized and is unlikely to improve with further treatment. Settling before reaching MMI is generally inadvisable because you may not yet know the full extent of your injuries, future medical needs, or long-term disabilities.
Waiting for MMI ensures you don't settle for less than your claim is worth. The waiting period can extend your timeline by a year or more, leading to delays.
Disputes Over Liability or Fault
When the fault is clear-cut, settlements proceed more smoothly. However, if the driver disputes responsibility or claims you were partially at fault, you may experience delays in the claim. Your attorney may need more time to conduct investigations, interview witnesses, and review traffic camera footage.
These disputes can add months to your timeline and may ultimately require litigation to resolve.
Availability and Strength of Evidence
The availability of strong evidence, such as police reports, witness statements, medical records, and accident scene photos, can accelerate the settlement process. The availability of evidence enables a pedestrian accident lawyer to establish liability and damages with ease.
Conversely, cases with limited or conflicting evidence require more investigation and negotiation, extending the timeline. While video footage, expert testimony, and reconstruction reports strengthen your position, they take time to gather and analyze.
Insurance Company Cooperation or Delays
Some insurance companies negotiate in good faith and settle claims promptly, while others employ delay tactics, hoping you'll accept a lower offer out of financial desperation. An insurance adjuster may cause delays by requesting unnecessary documentation, making lowball offers, or intentionally slowing down the claims process.
These tactics can add months of frustration to your case.
The Value of the Claim and Nature of Damages
High-value claims involving catastrophic injuries, permanent disability, or substantial lost income are subject to more scrutiny from insurance companies. Insurers are more likely to contest these claims, leading to protracted negotiations.
Cases involving economic damages alone typically settle faster than those requiring subjective valuations of pain and suffering or loss of quality of life.
Whether the Case Settles Out of Court or Proceeds to Litigation
Most pedestrian accident cases settle out of court, which is generally faster and less expensive. However, if negotiations fail and your case proceeds to litigation, expect the timeline to extend. Filing a lawsuit, completing discovery, deposing witnesses, and waiting for trial dates can add one to two years to your case.
While trials provide the possibility of larger awards, they come with increased time, cost, and uncertainty.
Pedestrian Hit by Car in Crosswalk Settlement
A pedestrian hit by a car in a crosswalk may be entitled to compensation, even in cases involving jaywalking. You can initiate a claim or lawsuit to obtain the following damages:
Economic Damages
Economic damages cover the financial losses resulting from the accident. These typically include medical expenses, rehabilitation costs, and lost income. You can also recover compensation for future diminished earning capacity, medication, mobility equipment, and transportation to medical appointments.
A pedestrian accident attorney can use clear documentation of bills and earnings records to prove and support your compensation claim.
Non-Economic Damages
Non-economic damages address the emotional and intangible losses of the accident. These include pain and suffering, emotional distress, anxiety, trauma, loss of enjoyment of life, and permanent scarring or disability.
Jaywalking does not negate your claim for non-economic damages. A pedestrian accident attorney can demonstrate how the driver's negligence directly caused your ongoing struggles.
Pedestrian Accidents and Jaywalking - Frequently Asked Questions
Can a Pedestrian Sue if Hit by a Car?
Yes. A pedestrian can sue if hit by a car, especially when facing severe injuries, low settlement offers, disputed liability, or an uninsured driver. A lawsuit is an opportunity for a fair assessment of your claim, which can enhance your chances of maximizing recovery.
How Much Does a Lawyer Charge for a Case?
Pedestrian accident lawyers typically work on a contingency fee basis, meaning you pay nothing up front and only owe fees if they win your case. The final cost depends on various factors, including case complexity, disputed liability, the amount of evidence required, and whether the claim is settled or proceeds to trial.
When Should I Get a Lawyer After an Accident?
You should hire a pedestrian accident attorney after an accident if you suffered severe injuries, want peace of mind, or need to maximize your recovery. They can also help if the insurance company delays, denies, or frustrates your claim.
Our Pedestrian Accident Lawyers Can Help You Pursue Justice
If you were hit by a car, you deserve strong legal support to protect your rights and pursue full compensation. Drivers must act responsibly, and their negligence, not claims of jaywalking, should determine liability.
Our pedestrian accident attorneys at the Law Offices of Jason B. Kessler are prepared to gather evidence, negotiate with insurers, and fight for the financial recovery you need. Contact us online or at (914) 220-1088 for a free case evaluation.