What If You Were Injured While Jaywalking?
If you were injured while jaywalking, you may still be entitled to compensation. Arizona is a comparative negligence state, meaning it is vital to contact an attorney to help you navigate the court system if you have been involved in a pedestrian accident. The Husband & Wife Law Team is here to help. Call us at (602) 457-6222 today.
What is Jaywalking?
The term “jaywalking” does not appear in the law but is a colloquial term for a pedestrian crossing or walking on the road where they are not legally supposed to. According to Arizona Legislation Section 28-793, a pedestrian may only cross the road at an intersection with clear traffic signals or a marked crosswalk.
While pedestrians bear the responsibility to observe road rules, so do drivers. Drivers should be alert in busy city areas where there is lots of pedestrian traffic. Drivers should be especially mindful of limiting distractions, such as mobile phone use, when approaching crosswalks or pedestrian crossings.
Vehicles have right of way in the roadway. If they are not crossing at a designated crosswalk, a pedestrian must only cross when traffic clears and it is safe to do so. Pedestrians should never dart or jump out in front of traffic. If a pedestrian misjudges the speed of an oncoming vehicle or moves into the road “out of nowhere”, they may be liable for a resulting collision. Jaywalkers must give oncoming vehicles enough time to reasonably stop.
Here’s more information regarding road rules for pedestrians.
Determining Liability After an Accident
Arizona is a comparative negligence state. This means that even if a pedestrian is 99% at fault for an accident, they will still receive 1% of the total compensation, if the driver was negligent. Courts will hear the facts of a case, as well as both parties’ arguments and then allocate a percentage of liability to both sides. The courts determine both who is responsible, and how responsible each party is.
As this process involves the allocation of fault by a court, it is vital to engage an attorney after any pedestrian accident. The Husband & Wife Law Team will work to determine liability and ensure you receive the maximum compensation available to you after your accident.
Once the court has assessed the facts of the case and determined the percentage of liability, the amount of compensation will be allocated according to this percentage. Depending on the facts of an accident, a pedestrian could bear some fault for stepping into the road when it was not safe to do so, and a driver could bear some fault for not acting reasonably. In situations where a driver could have avoided an accident, they will bear fault, even if a pedestrian is jaywalking.
A driver cannot keep going and cause an accident just because a pedestrian is breaking the law. If they reasonably should have seen the pedestrian or stopped, and failed to do so, it is likely a driver would be found negligent. This finding would mean the court would attribute a higher percentage of fault to the driver, and a pedestrian would receive a higher percentage of compensation.
How an Attorney Can Help
As Arizona is a state that applies a pure comparative negligence principle, it is important to speak to an attorney after any pedestrian accident. The Husband & Wife Law Team comprises dedicated personal injury attorneys who will work to ensure you receive the most compensation possible after an accident. Call us at (602) 457-6222 today.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer