If I Was Jaywalking When Hit by a Car, Can I Still Recover Compensation?

woman standing in the middle of the road

Recently, discussion about how many cities are designed for cars instead of pedestrians has risen. Many believe more cities should be walkable. Regardless of your opinions on this matter, it’s essential to understand how dangerous it can be for pedestrians, with many cars ignoring them at crosswalks. If struck by a vehicle while crossing the road, you are likely eligible to recover compensation. However, if you were jaywalking at the time of the incident, this can impact your claim. Keep reading to learn more and discover how an experienced Monroe Louisiana car accident lawyer can help you recover damages.

What Is Jaywalking, and Is It Illegal?

Jaywalking is a term for when a pedestrian crosses a road outside a designated crosswalk. Similarly, someone may jaywalk if they are walking on the road rather than on a sidewalk.

In Louisiana, it is technically against the law to enter the road outside a marked crosswalk or walk on the road when a sidewalk is accessible and available. However, this does not mean everyone who jaywalks will face a criminal charge on their record. In most instances, if a police officer sees you jaywalking, you may get a lecture about the dangers. However, this can have a significant impact on your accident claim.

How Will Jaywalking Impact My Accident Claim?

If injured by a vehicle while jaywalking, it may impact the outcome of your claim.

Louisiana follows a pure comparative negligence law. Essentially, this means regardless of how much you contributed to an accident, you can recover damages. For example, if you are 95% responsible for the incident, you are still eligible to recover 5% of the damages awarded to you. It’s essential to understand this law, as you will likely be held to some degree of fault for the damages you’ve endured if you were jaywalking at the time of your accident.

There are some exceptions to this. In some instances, a pedestrian may have no choice but to walk on the road. This occurs when there are no sidewalks or the sidewalks are inaccessible. Similarly, if crossing in the middle of the street, a pedestrian may have yielded to traffic before crossing. However, if a drunk driver comes speeding down the road, they will likely be held to a higher standard of negligence.

If you are a pedestrian injured by a driver while jaywalking, you must understand that you can still recover compensation. Though it may be more challenging, it is possible with the assistance of an experienced attorney. At Breithaupt, DuBos, &  Wolleson, our dedicated legal team understands the complexities of these situations. As such, we will work tirelessly to help you recover compensation. Contact our firm today to learn how we can help you navigate these circumstances.

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