Both pedestrians and drivers can be found to be liable for an accident involving jaywalking, depending on the specifics of the case.
Whether you hit someone who was crossing the street illegally, or you were a pedestrian hit while crossing at a non-designated crossing area in St. Louis, you may be wondering who is at fault and liable for the accident.
Both Drivers And Pedestrians Are Required To Follow The Rules Of The Road
Both drivers and pedestrians are required to exercise “due care and caution” while on the road. That means that, ideally, pedestrians will only cross on designated crosswalks when allowed to do so by traffic signals.
After learning this, you may think that pedestrians will automatically be found at fault if they’re jaywalking. However, this is not necessarily the case.
It also means that drivers in Missouri must drive safely without violating traffic laws, and take care to avoid collisions with pedestrians – by doing things like obeying the speed limit, honking if someone is in the road, using turn signals, stopping at stop signs, and paying attention to crosswalks and pedestrian crossings.
Because of this, both pedestrians and drivers can be found to be liable for an accident involving jaywalking, depending on the specifics of the case.
A Driver Can Be Found Liable if They Did Not Exercise Due Care to Avoid the Accident
If a driver does not exercise “due care” to avoid a collision with a pedestrian – even a jaywalking pedestrian – they may be found at fault in the collision.
In an extreme example, consider a driver who is speeding, and does not see a pedestrian crossing the road because they are texting, and hits the pedestrian without braking.
In this case, the driver did not exercise “due care to avoid colliding with any pedestrian” – and may be found to be wholly or partially liable for the accident, depending on the specifics of the case.
In reality, cases, where pedestrians are hit by drivers while jaywalking, are not usually this cut-and-dry. In these cases, “comparative negligence” is often used to determine liability. This means that the driver and pedestrian can both be found at fault to varying degrees – 75% for a driver and 25% for a pedestrian, for example – which affects the percentage of damages that a victim can recover while pursuing legal action.
Get Help From a St. Louis Auto Accident Lawyer
If you’ve been involved in an accident involving a jaywalking pedestrian, discussing your claim with a St. Louis car accident attorney will generally ensure you recover the damages to which you’re entitled, minimize liability, and overall provide you with the best possible outcome for your case.
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