If you are struck by a car while jaywalking, technically both parties are in the wrong. However, sometimes one party is less in the wrong, and that could mean that they would be able to file a personal injury claim and pursue compensation. If you were injured while jaywalking and you are not sure whether or not you can even pursue damages, you need some help. A San Antonio, Texas pedestrian accident lawyer from our firm can help you determine if you have a case.
Is Jaywalking Illegal in Texas?
Yes, technically jaywalking is illegal in Texas. We understand that sometimes this seems like the easiest way to get from point A to point B though. If you do decide to jaywalk, you should be yielding the right of way to any approaching vehicle. If you do not do that, then you could be more to blame for the accident than the driver is.
How Does Modified Comparative Negligence Affect Jaywalking Accidents?
Texas employs a concept known as modified comparative negligence in personal injury suits. What this means is that the court would look at all involved parties and determine how much at fault they were for the accident occurring. Someone with 51% blame or more is not going to be able to pursue compensation, even if they have serious injuries.
If you have less blame than that, then your total awards from your case can be affected. Here’s an example. You win $200,000 in a personal injury lawsuit, but you were determined to be 25% at fault. You will only receive 75% of those damages awarded to you, so $150,000.
The issue with jaywalking is that you are often considered to be more than 51% at fault for the accident. The cars are supposed to be on the road. You are not. Sometimes jaywalkers can still have a case though. If the operator of a motor vehicle was inebriated or speeding, the driver could be more at fault. This is why it is so important to talk to a qualified personal injury attorney.
What Evidence Can Be Used to See Who Is More at Fault?
When trying to determine fault, your lawyer and the driver’s lawyer can look at all sorts of evidence. We can use:
- Pictures of the accident scene
- Any surveillance footage of the accident
- Eyewitness testimony concerning the accident
- The police report
- The clothes worn by the pedestrian at the time of the crash
If the evidence says that you have a personal injury claim to make, our seasoned attorneys are ready to help you pursue compensation.
Talk to a Personal Injury Attorney
These kinds of situations can be confusing. If you are not sure whether or not you have a case, contact Sahadi Legal Group. We can schedule a free consultation and determine whether or not you could be owed compensation. Then we will help you file your personal injury case and fight for the best possible outcome.
