Can Pedestrians Receive Compensation if Hit While Jaywalking?
Pedestrians jaywalk when they cross a street outside a crosswalk or against traffic signals. One common question is whether you can receive compensation if you were jaywalking when struck by a careless motorist. The answer is “it depends,” as our Miami personal injury lawyer explains in more detail.
Comparative Negligence and Jaywalking
Miami paints crosswalks onto the road to give pedestrians a clear indication of where they need to cross a street. Even if no crosswalk is drawn, pedestrians should cross at the intersection. Motorists are expecting you to cross there, and you are most visible when crossing in the intersection.
Unfortunately, many pedestrians are in a hurry, and they can jump into traffic outside the intersection. Trying to get to the other side, many pedestrians are struck by drivers who were not expecting someone to plunge into the road in front of them. Some pedestrians even climb over barriers to get into the road.
Jaywalking also consists of crossing in an intersection when the lights tell you not to cross. Too many motorists jump into the crosswalk even though time has expired. This is also dangerous, since motorists at the intersection usually have a green light when the pedestrian steps foot into the crosswalk. The motorist might not even see a pedestrian until they step directly in front of the bumper.
Jaywalking will impact your personal injury case. Under Florida law, an injured victim’s own negligence is compared to the defendant’s negligence. If the victim is 50% or less, they can still seek compensation, but it is cut by their share of fault. Someone who is 25% at fault will get 25% less. That means your case, which might have been worth $60,000, would be worth only $45,000 to account for your negligence.
Jaywalking is clearly negligent behavior, so you could end up receiving less in compensation to account for crossing inappropriately.
Florida’s law also states victims cannot receive any compensation when they are more than 0% responsible. This is a recent change to the law, coming into effect in March 2023. Before that, Florida had a pure comparative negligence approach. Today, anyone who is more than 50% at fault is barred from receiving compensation.
Suppose you were jaywalking when struck. If the insurance companies think you are mostly at fault, they won’t offer any money. And if your case goes to trial, then a jury will decide how to assign negligence between you and the driver who hit you.
Call Pita Weber Del Prado to Speak with a Miami Personal Injury Lawyer
Pedestrian accidents leave motorists in searing pain and with major injuries. Even at low speeds, collisions with a motor vehicle can result in fractures and head injuries. At higher speeds, the risk of permanent organ damage increases. Call Pita Weber Del Prado to speak with a Miami personal injury lawyer about your accident. We can assess whether the driver will claim you were jaywalking and whether you can receive a settlement.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.130.html
