Can You Still File a Claim if You Were Jaywalking

Being struck by a vehicle while walking can leave you with serious injuries and difficult questions about what happens next. One of the most common concerns is whether you can still seek compensation if you were jaywalking when the accident occurred.

Michigan law requires pedestrians to follow certain traffic rules, and violating those rules can affect a personal injury claim. However, being partly responsible for an accident does not automatically mean that another person's negligence becomes irrelevant. Michigan uses comparative fault rules that can affect how much an injured person may recover based on their share of responsibility.

If you were hit by a car while crossing a road, the specific circumstances matter. Where you were walking, what traffic signals showed, how the driver was operating the vehicle, and whether the driver had an opportunity to avoid the collision can all become important.

What Michigan Law Says About Jaywalking

The term "jaywalking" is commonly used to describe crossing a street outside a designated crosswalk or against a traffic signal. Michigan's pedestrian laws address when and where pedestrians may cross roadways.

For example, when traffic control signals are present, pedestrians are generally required to obey applicable pedestrian-control signals. Michigan law also establishes rules for crossing outside marked or unmarked crosswalks.

Not every instance of crossing outside a crosswalk is automatically treated the same way. The circumstances of the roadway and the applicable traffic controls can matter. A pedestrian who violates a traffic rule may be accused of negligence. But that does not necessarily settle the question of who caused the accident.

The Driver Still Has a Duty to Use Care

A driver's responsibility does not disappear because a pedestrian may have violated a traffic rule.

Motorists are expected to operate their vehicles with reasonable care and comply with applicable traffic laws. A driver who is speeding, distracted, impaired, or otherwise driving carelessly may contribute to a pedestrian accident even if the pedestrian was not following every traffic rule.

Consider a pedestrian who crosses a street outside a marked crosswalk. A driver approaching the area is traveling well above the speed limit while looking down at a cellphone. The driver strikes the pedestrian before braking.

The pedestrian's decision to cross outside the crosswalk could become part of the liability analysis. At the same time, the driver's speed and distraction could also be significant factors. The important question is not simply whether the pedestrian was jaywalking. It is what each person did and how those actions contributed to the collision.

Michigan Uses Comparative Fault

Michigan's comparative fault rules are particularly important in pedestrian accident cases. When multiple parties may have contributed to an injury, Michigan law allows a fact finder to determine each person's percentage of fault. The injured person's own conduct can therefore affect the amount of compensation available.

For instance, suppose a jury finds that a pedestrian was 30 percent responsible for an accident and a driver was 70 percent responsible. If the pedestrian establishes $100,000 in allowable damages, the pedestrian's recovery could be reduced according to the applicable comparative fault rules. The actual calculation can become more complicated depending on the circumstances and the claims involved.

This system means that being partially responsible does not necessarily prevent a person from pursuing a claim. It does mean that evidence concerning the pedestrian's conduct may become important.

The Circumstances of the Crossing Matter

A pedestrian accident investigation should look at what happened immediately before the impact. Was the pedestrian crossing at an intersection? Was there a marked crosswalk nearby? Was the pedestrian crossing against a traffic signal? How visible was the person to approaching motorists?

Weather and lighting conditions can also matter. A pedestrian wearing dark clothing at night may face questions about visibility, while a driver may face questions about headlights, speed, and attention to the roadway. The location of the pedestrian can also change during the sequence of events. A person may have entered the road lawfully and then been struck after a vehicle failed to yield. These details can be difficult to reconstruct after an accident, particularly if the injured pedestrian has no memory of the impact.

Evidence Can Help Establish What Happened

Pedestrian accidents often come down to competing accounts of the same few seconds. Evidence can help clarify those accounts. Photographs of the accident scene may show the intersection, crosswalks, traffic signals, road markings, lighting, and sight lines. Security cameras or traffic cameras may have recorded the collision or what happened immediately beforehand.

Witnesses can also be important. Someone standing nearby may have seen when the pedestrian entered the roadway or whether the driver was looking at the road. Police reports may contain statements from drivers and witnesses, observations from responding officers, and information about traffic conditions. Medical records can establish the nature and extent of the injuries. Vehicle damage can provide additional clues. The location and severity of the damage may help accident investigators determine where the pedestrian was when the impact occurred.

A Driver's Actions May Still Be Significant

Even when a pedestrian violates a traffic rule, the driver's conduct deserves close examination. A driver may have had enough time to see the pedestrian and stop, but failed to do so. Speed can affect both the driver's ability to react and the severity of the resulting injuries.

Distraction can also be significant. A driver using a cellphone, adjusting a navigation system, reaching for something, or otherwise failing to pay attention may not notice a pedestrian until it is too late. Impairment is another factor that can substantially change the circumstances of an accident.

A pedestrian's mistake should not automatically overshadow evidence showing that a driver's conduct also contributed to the collision.

Your Injuries Can Still Support a Claim

Pedestrian accidents can result in substantial injuries because the person walking has little physical protection against a moving vehicle.

• Broken bones, head injuries, spinal injuries, internal injuries, and other serious conditions may require emergency treatment, surgery, rehabilitation, or long-term care.
• An injured pedestrian may also lose wages while recovering. A serious injury can affect a person's ability to return to the same job or perform ordinary activities.
• Depending on the circumstances, a personal injury claim may seek compensation for medical expenses, lost income, pain and suffering, and other losses recognized under Michigan law.

The availability and amount of compensation depend on the specific facts, including fault, insurance coverage, the nature of the injuries, and the type of claim being pursued.

Insurance Issues Can Be Complicated

Michigan's no-fault insurance system can also play an important role after a pedestrian accident.

Michigan law provides for no-fault benefits for people injured in certain motor vehicle accidents, including pedestrians. The applicable insurance coverage can depend on the injured person's circumstances and the insurance policies available.

A pedestrian who owns a vehicle may have an applicable auto insurance policy. If the pedestrian does not have their own policy, another source of coverage may apply under Michigan's no-fault system. This is separate from determining whether the driver was negligent and whether the pedestrian can pursue a third-party claim for additional damages. Because the insurance rules can be complicated, it is important not to assume that jaywalking automatically eliminates all insurance benefits.

Do Not Assume You Have No Case

After being hit by a vehicle, you may hear that you cannot recover anything because you were jaywalking. Your conduct can affect a claim, but it is only one part of the investigation. The driver's speed, attention, impairment, reaction time, visibility, and other circumstances may also matter.

The best way to understand your legal position is to look at the entire accident rather than focusing on a single traffic violation.

Talk to an Attorney About the Accident

A pedestrian accident can leave you facing medical bills and physical limitations, while an insurance company is already examining who was responsible. If you were crossing outside a crosswalk, you may also worry that you caused the accident and have no right to seek compensation.

Smith & Johnson represents people injured in personal injury accidents throughout Michigan. A careful review of the accident can help determine whether another person's conduct contributed to your injuries and how comparative fault and Michigan insurance laws may affect your claim.