Skip to Main Content

Pedestrian Hit While Jaywalking - Robert Littlefield Buford III, Attorney at Law

Posted by | February 22, 2020 | Pedestrian Accident | No Comments
Pedestrian Hit While Jaywalking

If you are fond of jaywalking, it is time you stopped it. This not only exposes you to dangerous car accidents, but it also risks the lives of other pedestrians. For one to cross the street, they need to go to the intersection and cross in the crosswalk.  However, people still want to use shortcuts to get across the road. So, what happens when you end up hitting a pedestrian jaywalking? Who is responsible for the accident? Here are the answers to these two questions.

Who is at Fault?

Imagine you witness a pedestrian get hit by a motorist, and then you become quick to blame the driver. A sudden twist of events may arise when both parties are assessed to help establish if the driver was negligent. The police will assess the circumstances under which the accident happened, and present their verdict to the court.

Both motorists and pedestrians must adhere to traffic rules — failure to go this direction subjects both parties to risk factors that would have been avoided. To determine the at-fault party, the principle of negligence must be present. If you sustain a personal injury as a result of your carelessness, then you will bear all the consequences. So, blaming the driver of the vehicle is not right, provided they did not break the traffic rules.

When a Motorist is At-Fault

Motorists pose the greatest danger to pedestrians. Therefore, drivers must avoid putting the lives of pedestrians in danger. Interestingly, drivers tend driving too fast or drive under the influence. Some of them may ignore the red light or pass on the shoulder. When you hit a pedestrian under these situations, you are at-fault.

When a Pedestrian is At-Fault

If you must cross a highway at the intersection, the law states that you give right of way to vehicles on the road. Jaywalking is not only risky but also exposes the pedestrian as an irresponsible person. If you get hit by a motorist while jaywalking, you will be at-fault. You will need a very reasonable explanation for jaywalking when the accident happened.

When Both are At-Fault

In typical situations, both parties may share fault. For instance, a pedestrian may be jaywalking, but the driver may be driving under the influence. When this happens, Austin personal injury attorney can assess both cases to determine who at-fault is. They will help you to file a personal injury lawsuit against the driver. When the jury determines that the driver was 75% at-fault for the accident, they will be held liable for the injuries and damages.

Our Austin Personal Injury Lawyer can Assist You

If you aret hit by a vehicle when jaywalking, a personal injury lawyer can help you seek compensation. Robert Littlefield Buford III, Attorney at Law, continues to help clients who have accident-related cases in Austin. Over the years, we have helped individuals and families to regain hope. Call us today for more info on the laws governing jaywalking or visit our page.