- May 8, 2023
As a driver, everything on the road is not always within your control. You may be driving in the right lane, within the speed limit, and without distractions, and have a pedestrian dart in front of you outside a crosswalk. Such a pedestrian is said to be jaywalking.However, if you hit them, several questions of law will arise, both criminal and civil. In this blog, we answer the question: What happens if I hit a pedestrian who is jaywalking? If you are in an accident involving a jaywalker, our team at Goodman Acker P.C. can help.
We understand there’s more to a pedestrian-versus-car accident when assigning fault and awarding damages. So call us today at 248-286-8100 to book a free consultation with one of our attorneys.
Why Contact Goodman Acker P.C.?
At Goodman Acker P.C., our pedestrian accident lawyers are knowledgeable about Michigan’s jaywalking laws and understand the workings of the legal system. If you hit a jaywalker, we will carefully examine the case facts and advise you on any legal implications and how to proceed. We have helped many drivers involved in jaywalking accidents conclude their cases favorably.
Our team at Goodman Acker P.C. is ethical, aggressive, and trustworthy and will always place your needs first.
Also, we have a 99% success rate, and our clients are pleased with our services and results. We work on a contingency fee basis, so you don’t have to worry about paying us immediately. Our lawyers are always available to help you and to answer all your questions.
Call us today at 248-286-8100 to book a free case review.
What Is Jaywalking?
Jaywalking is crossing the street when not permitted or in a non-designated area. Non-permitted can include when the crosswalk sign is flashing “Don't Walk.” Jaywalking is a citable violation of traffic laws, even though you're not in a vehicle.
Before the 1920s, there wasn’t much need for such a rule on the streets. Once vehicles became more and more prevalent, it was clear that laws needed to be created to protect drivers and pedestrians. Depending on the jurisdiction, jaywalking can be considered a minor infraction up to a misdemeanor and usually comes with a fine.
In Michigan, jaywalking is illegal, and it contributes to the more than 100 pedestrians who die yearly from traffic accidents. Also, jaywalking accidents are more common at night, mainly between 6 p.m. and midnight. To prevent jaywalking accidents, pedestrians must use designated crosswalks, avoid crossing interstate roads and highways, and drivers must yield to pedestrians.
Michigan pedestrian laws state that vehicles must yield the right of way to pedestrians within a crosswalk on the same half of the road their car occupies or approaching the halfway point. On the other hand, pedestrians must yield the right of way to vehicles when crossing the roadway outside the designated crosswalk area.
What Should You Do If You Hit a Jaywalker?
If you hit a jaywalker, take the following steps to limit your liability:
Call 911 to Report the Accident
First, as with any accident, do not leave the scene. Instead, you should immediately pull off to the side of the road. Call the police and any other emergency services immediately to tend to any injuries and begin the investigation. Staying at the crash scene ensures you do not face hit-and-run charges.
Gather Evidence
There are chances that the jaywalking pedestrian might want to pursue compensation against you, so you need evidence to protect yourself. If the jaywalker is conscious and coherent, exchange personal information such as names and phone numbers. Take any pictures, including any damage to your vehicle, where the accident occurred, and any other significant images that will help prove the pedestrian was jaywalking at the time of the accident.
If there is no crosswalk, it helps to take a photo of the roadway to show the pedestrian was crossing outside the designated area. Also, if the accident happened where there is a crosswalk, check the traffic signal to see if you had the right of way and take a video of it.
Speak to Witnesses
If there are witnesses, get them to provide a statement and give their name and phone number to you or the police. Your goal is to gather as much information as possible to support your claim that the pedestrian was jaywalking and thus shares in the fault of the accident.
Contact an Attorney
Since the pedestrian was jaywalking, you might think you do not need legal representation, but you couldn’t be more wrong. The jaywalker might want to file a compensation claim against you, and an attorney will protect your interests. Also, you might be eligible for compensation against a negligent jaywalker, but you wouldn’t know until you get legal representation.
What Happens If You Hit a Jaywalking Pedestrian?
A vehicle-pedestrian accident is typically the same as a two-vehicle accident. The police will take down personal information and start an accident report, and the parties involved will be allowed to go on their way afterward. However, there are several instances where hitting a pedestrian may land you in jail, even if they're jaywalking.
These include:
Hit-and-Run
You will likely incur criminal charges if you accidentally hit a pedestrian with your car and fail to stop at the accident scene. Hit-and-run is a felony charge with a potential prison sentence.
DWI/OUI
If the driver is Driving While Intoxicated (DWI) or Operating Under the Influence (OUI), this means they are under the influence of a controlled substance such as drugs or alcohol. The use of drugs or alcohol is an extenuating circumstance that prevents the driver from completely controlling their vehicle and affects reaction times and actions. This may result in higher fines, possible jail time, and harsher driver’s license penalties.
If you've been involved in a car-versus-pedestrian accident that landed you in jail, you should consult an attorney who is well-versed in your specific type of case.
Vehicular Manslaughter
Even if the pedestrian was jaywalking, if the driver was operating the vehicle recklessly — speeding or driving under the influence — any death resulting from the accident may result in vehicular or involuntary manslaughter charges.
Who Is at Fault if a Pedestrian Is Hit While Jaywalking?
Anyone using the road must follow the rules, whether in a vehicle or on foot. Like drivers, pedestrians must follow the traffic signals, signage, and laws. If failure to follow the traffic laws results in an accident, the pedestrian will more than likely be found at least partially at fault for the accident.
Drivers must do everything possible to avoid an accident with a pedestrian, even one who’s jaywalking and not following the rules of the road. Drivers are considered more at fault in a jaywalking accident if there was an opportunity to avoid the accident and the driver didn’t take it.
Drivers could be at fault if the circumstances include:
- Speeding
- Eyes not on the road
- Failure to yield
- Distracted driving.
Pedestrians are also responsible for an accident if they do not use designated crosswalks, follow traffic lights, and dart out into traffic from between two cars, reducing a driver’s ability to see them enter the roadway.
Negligence in Michigan
Michigan follows the comparative negligence law, which states that the injured party must prove that the other person was at least partially at fault for the accident. In the case of a pedestrian-versus-car accident, the driver will likely be assigned some percentage of fault.
A pedestrian involved in an accident can’t seek non-economic compensation if they are 51% or more at fault. However, they can pursue economic damages from you as the defendant relative to the percentage of fault assigned to you.
What Happens If I Hit a Pedestrian Jaywalking - FAQs
If you hit a jaywalking pedestrian, you will have questions about what to expect from the legal process. Below are some of the frequently asked questions.
Can I Go to Jail for Hitting a Jaywalking Pedestrian?
Yes. You can go to jail for hitting a pedestrian if you were driving under the influence or while intoxicated, left the crash scene without calling for help, or the pedestrian died and was deemed negligent.
Can I Seek Compensation Against a Jaywalking Pedestrian?
Generally, it is hard for drivers to bring a claim against a jaywalking pedestrian successfully. But there are situations when you can seek compensation, and you can only know when you consult with our pedestrian accident lawyer.
Do I Need a Lawyer If I Hit a Jaywalker and I Was Not at Fault?
Yes. Our pedestrian accident lawyer will represent your interests and ensure any settlement made is fair.
Who Pays Compensation in a Jaywalking Accident?
Michigan is a no-fault state, so each party to an accident will pay for their own medical bills. However, where the jaywalking pedestrian has less fault than the driver and sustained severe injuries, they can receive economic and non-economic damages.
Were You Involved in a Jaywalking Accident? Contact Us Now!
If you’ve been involved in an accident where you hit a jaywalking pedestrian, reach out to the team at Goodman Acker P.C. The pedestrian involved will have their insurance company and attorney working hard to get them a large settlement. Our experience and legal knowledge will give you the defense you deserve and a fair settlement.
Call 248-286-8100 for a free consultation with one of our attorneys today.