In New Jersey, many people opt to utilize walking as their mode of transportation due to its inherent benefits, promoting physical activity and reducing one’s carbon footprint. However, despite the numerous benefits, there are also significant risks associated with this form of travel. Although drivers’ negligence causes most pedestrian accidents, pedestrians can also be at fault for the cause of a collision. Pedestrians in a hurry may hastily cross the street without regard to oncoming traffic. However, even if crossing the street appears safe, you may encounter a reckless driver, resulting in an accident.
Consequently, New Jersey enforced strict jaywalking laws. Despite this, many pedestrians still engage in this hazardous behavior. If you have been hit by a vehicle while jaywalking, contact Essex County Auto Accident Attorney, who can help fight for the rightful compensation you deserve. Please continue reading to learn if you are still entitled to file a personal injury claim if you were jaywalking at the time of the accident.
What is jaywalking?
Jaywalking refers to pedestrians crossing or walking in the street illegally without regard for approaching traffic. Essentially, it is when a person illegally crosses the street, violating traffic regulations. In New Jersey, official and unmarked crosswalks are available to pedestrians, offering them a safe way to cross the street and minimizing the risk of collisions. Pedestrians can cross or walk in the street when designated crosswalks are inaccessible, provided they yield to oncoming traffic. Motorists hold the right of way whenever pedestrians cross the street outside a marked crosswalk or intersection.
Jaywalking is extremely hazardous as it increases the likelihood of being involved in an accident. It is also illegal, meaning you can be issued a hefty fine for breaking the law. Therefore, pedestrians must exercise extreme caution while navigating the roads and adhere to traffic laws to ensure safety.
How can jaywalking impact my accident claim in New Jersey?
If you were struck by a vehicle and were jaywalking at the time of the accident, this will impact the compensation you are entitled to for your damages. New Jersey follows modified comparative negligence rules when determining fault for the cause of a collision. Under this rule, accident victims can still be awarded damages even if they contributed to the cause of the accident. However, since New Jersey does not follow pure comparative negligence rules, individuals who are more than 50% at fault for the cause of the collision are barred from recovering any compensation for their losses. If your degree of responsibility falls beneath 51%, the damages you can receive will be reduced accordingly.
Therefore, if you were jaywalking during the accident, you can still file a personal injury claim to seek monetary compensation for your damages. However, this is as long as you can prove that the driver that hit you was also responsible for the cause of the accident. As such, liability will be shared.
If you have been struck by a vehicle while jaywalking, it is in your best interest to retain the legal services of a seasoned attorney from The Law Offices of Christopher T. Howell, Esq. as soon as possible. Our firm is prepared to fight to help you secure the fair compensation to which you are entitled.
