Jaywalking is a common practice in New York City, where pedestrians often cross the street outside of designated crosswalks or against traffic signals, however, jaywalking is also illegal and can expose you to the risk of being hit by a car or other vehicle. That being said, if you’ve sustained an injury as a pedestrian while jaywalking, you may wonder if you can still file a personal injury claim against the driver who hit you. The truth is, however, that the answer depends on a wide range of factors, such as the degree of fault of both parties, the severity of your injuries, and more. Please continue reading and reach out to a seasoned NYC personal injury lawyer from The Law Office of Richard M. Kenny to learn more about whether you may still have a valid injury claim, even if you were jaywalking at the time of your accident. Here are some of the questions you may have:
Will I still have a valid personal injury claim if I was jaywalking?
New York is one of the few states that follows the rule of pure comparative negligence. This means that even if you are partially at fault for causing the accident, you can still recover damages from the other party, but your recovery will be reduced by your percentage of fault. For example, if you were hit by a speeding driver while jaywalking and suffered $100,000 in damages, but you were found to be 40% at fault for the accident, you would only receive $60,000 from the driver.
However, proving fault in a pedestrian accident can be challenging, especially if you were jaywalking. The driver may argue that you violated the traffic laws and that they had no chance to avoid hitting you. They may also claim that you were distracted, intoxicated, or otherwise negligent. To counter these arguments, you will need strong evidence to show that the driver was also negligent or reckless, such as speeding, running a red light, texting while driving, or driving under the influence. You will also need to show that your injuries were caused by the driver’s negligence and not by your own actions.
How can I prove my claim?
To win a personal injury claim and prove your degree of fault was less than the driver who hit you, you will need to gather and present a wide range of evidence, including the following:
- Surveillance footage of the accident
- Pictures of the accident and its aftermath
- Witness accounts/statements
- Medical documentation
The Law Office of Richard M. Kenny has fought on behalf of countless accident victims just like you over the years. If you need a lawyer you can depend on, contact us today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
