Can a Pedestrian Be Compensated for an Accident if They Were Jaywalking?

If you have been injured in a crosswalk accident or were injured after being struck by a motorist, contact the legal team at Louis W. Grande Injury Lawyers for help getting the compensation you deserve.

Our pedestrian accident attorneys are devoted to this unique subset of injury law in Rhode Island and are ready to help you move from injury to victory.

Pedestrian Right-of-Way Laws and Customs

Rhode Island state law requires vehicles to yield the right-of-way to pedestrians legally crossing roads at intersections or marked crosswalks. If a vehicle does not stop and allow a pedestrian to cross the street safely in these designated areas, it is violating the law, which can be considered equivalent to reckless driving.

However, there are no automatic protections for pedestrians crossing roads outside of marked crosswalk areas. So when a pedestrian is “jaywalking” by crossing in the middle of the street instead of at corners, it enters a complicated legal gray area if they get hit.

Both the vehicle driver and the jaywalking pedestrian share some level of responsibility in these kinds of accidents. Drivers are still required to pay attention and look out for people, even if they are crossing incorrectly between intersections. But pedestrians also take risks by not crossing legally.

So if a collision happens with a jaywalker, the argument will be who was more at fault. The driver will claim the pedestrian appeared out of nowhere and wasn’t in a crosswalk, but the pedestrian would obviously argue that drivers need to pay attention to the road.

So, who bears liability? The reality lies somewhere between.

Typical Causes of Pedestrian Accidents

Looking into what led to a pedestrian accident provides early clues on who was at fault. Some of the most common causes of accidents are:

• Driver Distraction – Vehicles that strike walkers often involve distracted driving in some way. Drivers focused on cell phones, dashboard controls, or backseat passengers divert attention from the road and can easily miss seeing pedestrians crossing.
• DUI or Intoxication – Intoxication also plays a major role, whether in drivers or pedestrians. Being drunk or impaired seriously reduces awareness and reaction times, often leading to worse collisions.
• Aggressive Speeding – Speeding shrinks the time drivers have to spot and brake for people in crosswalks ahead. Specialists use skid mark measurements to calculate speeds and prove driving too fast to properly react.
• Poor Visibility – Poor visibility like nighttime darkness, sun glare, or blocked sight lines also results in surprised drivers not seeing crossing pedestrians that they should normally expect.
• Acting Recklessly – Very rarely, a driver or pedestrian actually acts recklessly on purpose. However, the legal bar for proving intent can be extremely high in these cases.

In the end, the police report, eyewitness testimony and statements from the injured pedestrian and the driver will provide the evidence to determine who was at-fault and if there was one party clearly at fault or if both parties were to blame for the accident.

Investigating Fault After Pedestrian Crashes

Proving negligence legally to get compensation requires completely reconstructing what led to the crash. Some of those tactics are:

• Reviewing the Police Report – The officer diagrams and witness statements give early ideas on potential faults. But police don’t decide legal liability.
• Obtaining Vehicle Telemetry Data – New car computers log speed, operations, and sensor data during collisions, showing what actions the driver took.
• Conducting Field Evidence Analysis – Specialists take photos and measure skid marks, showing how quickly the driver braked. We later calculate incident dynamics on computers.
• Interviewing Independent Witnesses – Unbiased passenger or bystander statements boost cases against the driver’s side of the story in “he said, she said” disputes.
• Retaining Reconstruction Experts – Scientists with crash reconstruction experience combine collected data to visually demonstrate drivers failing to avoid collisions, which sways juries.

Pedestrian Negligence Laws and Burdens

Obviously jaywalking itself increases a pedestrian’s risk of getting hit. But Rhode Island law says even rule-breakers maintain injury claim rights. The ultimate settlement value decreases to match the percentage they were at fault based on their carelessness versus the driver’s actions.

For example, research by state transportation groups shows over 70% of crashes involve distracted or speeding drivers. So, statutes assign more liability to motorists here for maintaining safe roads for vulnerable people.

However, discovered facts could reduce payouts if pedestrians acted extremely reckless. For example, if they scrambled across a busy highway at night in dark clothes with no warning. We’ve seen settlement values cut in half when such behavior left drivers with virtually no chance to stop in time.

But in other cases, drivers clearly ignored obligations like speed limits in school zones with kids present. Or they barrel through visible red lights, striking pedestrians vehicles should have yielded for.

Smart lawyers compare unique crash details to determine fair splits on both sides. Settling these situations involves art as much as a science.

Settling Pedestrian Injury Cases

As with all personal injury cases, calculating the claim amount involves documenting and then valuing all losses.

As injury lawyers, we carefully account for:

• Ongoing and Projected Medical Expenses – Medical bills already paid and future costs for any permanent disabilities or ongoing treatments needed. Collisions can cause lifetime care needs.
• Lost Income and Reduced Earning Capacity – Lost income yesterday and tomorrow due to missing work time recovering initially plus reduced ability to work long-term if disabilities linger.
• Pain and Suffering Damages – Harder to quantify “pain and suffering” money intended to offset emotional trauma enduring a long recovery.
• Punitive Awards – Rare “punitive” monies courts sometimes award punishing truly reckless driver actions.

Adding all those pieces up takes legal experience. But, doing this homework pays off since insurance companies often try to lower what victims deserve. In the end, having patient attorneys levels the playing field after catastrophic crashes. We help injured people avoid getting shortchanged or overwhelmed on winding legal roads toward fair outcomes.

Frequently Asked Questions

What happens if I hit a pedestrian jaywalking on Rhode Island?

You must stop immediately and aid the injured pedestrian per Rhode Island’s law. Notify police to file an accident report documenting conditions. You may face civil liability and charges like reckless driving depending on crash details, even if the pedestrian was jaywalking.

Can a jaywalking pedestrian sue me after an accident in Rhode Island?

Yes, jaywalking pedestrians maintain injury claim rights under Rhode Island’s comparative negligence system, though awards decrease proportionally to their illegal crossing. Expect lawsuits covering medical bills, lost wages, disabilities, and pain/suffering damages.

Does my car insurance cover accidents with jaywalkers in Rhode Island?

Typically yes, but your premiums will likely increase after claims involving jaywalking pedestrians since factors like failure to yield or distraction may contribute to crashes. Review your policy’s accident coverage and contact your insurer immediately after collisions.

Who’s at Fault When Vehicles Strike Jaywalking Pedestrians? Fault Lines Blur Following Rhode Island Crashes

If the negligence of others altered your world through irreparable actions, Louis Grande Injury Lawyer’s mission is to provide guidance by preparing strong claims and fighting with compassion for just resolutions. We help brave people move ahead. Schedule a free consultation with our pedestrian accident legal team to assess options for recovering stability. Just outcomes await.

Contact us to assess your options for getting justice. No one should be denied over preventable negligence. You focus on recovering – we handle the legal complexities securing means easing financial stresses after devastating crashes.