Can I Sue for Damages If I Was Hit By a Car While Jaywalking?

 Posted on August 01, 2024 in Personal Injury

Car accidents are known to cause serious injuries and deaths. Pedestrians, being more vulnerable than vehicles, are at an even greater risk of serious injury and death from car crashes. In 2022, the Governors Highway Safety Association (GHSA) recorded over 7,500 pedestrian deaths. This calculates to an average of 20 deaths per day and over 17 percent of traffic fatalities.

However, some pedestrian accidents are more complex than others. If you were hit by a drunk driver while standing on the sidewalk, for instance, your claim is likely to be straightforward in terms of who was at fault. But what if you were hit by a car while jaywalking? If you were crossing against a red light, can you still collect compensation for your injuries?

To answer the above question, it is important to first discuss a legal principle called modified comparative negligence. Remember that a personal injury attorney is your best legal resource. Any questions about car accidents should be directed to a Colorado car accident lawyer.

What Is Comparative Negligence?

In many personal injury cases, the victim needs to prove that the defendant was negligent. Negligence means that the defendant did not make the same effort a reasonable person would to avoid injuries in that situation.

Comparative negligence is a legal principle that says the victim can also be held responsible for the injury. You can be at fault, at least in part, for an injury you sustained. Therefore, whatever compensation you are entitled to for your injuries is reduced by how much you contributed to them. This legal approach has been adopted by many states. 

What Is Modified Comparative Negligence?

Other states, including Colorado, have modified comparative negligence laws. These are like comparative negligence laws but add a twist: if you are 50 percent or more at fault for your injury, you cannot collect any compensation for your injuries at all.

So, if a jury or insurance company determines that you were negligent and are 51 percent responsible for your injury, you are not eligible for compensation. If your portion of fault was 35 percent, then you can collect compensation but it will be reduced by 35 percent.

What If I Was Hit By a Car While Jaywalking?

If you were hit by a car while jaywalking, you may be held partially responsible for the incident. Traffic lights exist to tell you when it is safe to cross and when it is not. Therefore, if you ignore a traffic light, you may be found to be at fault for your injuries, perhaps even 50 percent or more.

However, a sharp attorney may use any of several defenses against this, such as:

• Drivers are required to give the right away to a pedestrian in a crosswalk, even if the driver’s light is green.

• If the driver was driving recklessly, distractedly, or drunk, he or she may have the lion’s share of negligence.

• Your traffic light may have been dim or malfunctioning at the time.

Contact a Larimer County, CO Pedestrian Accident Attorney

A key takeaway is that the caliber of your Fort Collins, CO pedestrian accident lawyer can determine how much compensation you receive. At Hoggatt Law Office, P.C., our experience and attention to detail give our clients a winning chance at receiving the most compensation possible. Get unparalleled legal service by calling 970-225-2190 and schedule a free consultation with an experienced attorney today.