Can You Still Recover Damages if You Were Jaywalking?
Despite being illegal, jaywalking is common in Louisiana. If you suffered injuries while crossing the street outside of a crosswalk or against an intersection’s traffic signals, you probably want to know, “Can you still recover damages if you were jaywalking?” The quick answer is yes, you may. However, a potential lawsuit is complicated and involves many factors.
While all roadways are dangerous to people on foot, statistics show that our state has a higher-than-average number of pedestrian accidents and subsequent injuries.
Pedestrians and Right-of-Way
Unsafely crossing a road is a leading cause of pedestrian injuries, but establishing who is liable in these situations can be difficult. You possibly heard that pedestrians always have the right of way. However, this belief is more of a myth than a state law you could apply in court.
In Louisiana, pedestrians are required to follow all traffic rules, just like drivers. Therefore, determining who is at fault in a car-versus-pedestrian accident is not always easy. While motorists are legally obligated to yield to people who are crossing the road in clearly established crosswalks, pedestrians also have a duty to use caution and yield to oncoming traffic when moving across the street in an unmarked area and may not recover full compensation if injured.
The Comparative Fault Law
Louisiana uses a comparative fault system. This law states that if you are injured because of your own negligence, you may not recover all of your damages. The law also considers the other party’s percentage of negligence.
For example, if a motorist ran a red light and collided with you while you were illegally crossing a road, you may receive compensation. If the driver was 60 percent at fault, you may make a claim for that percentage of the settlement. However, you could not acquire the 40 percent due to your part in the accident.
Contact Us for Advice About Recovering Damages After a Jaywalking Collision
Everyone who uses our state’s roads is at risk of injury. If you are injured and wonder, “Can you still recover damages if you were jaywalking?” it is crucial to consult with a qualified Tomeny | Best lawyer.
We could review your claim to determine the extent of your damages while assessing each party’s degree of fault. Our team works hard for our clients and could negotiate with the insurance adjuster to maximize your settlement. Call our office today to schedule a case review.
