What If You Were Hurt While Jaywalking?
Jaywalking is defined as crossing a street carelessly or in a dangerous or illegal manner. But many people use the term to mean crossing the street where there’s no crosswalk. Texas civil code does not prohibit pedestrians from entering the roadway where there is no crosswalk.
If no cars are coming, it’s ok for a pedestrian to safely cross the road at a point where there’s not an intersection or a marked crosswalk. But pedestrians are required to yield to traffic.
If the driver was acting carelessly, a pedestrian who was struck by a vehicle while crossing the road where there’s no crosswalk may be able to recover damages. A Dallas pedestrian injury attorney can help you determine the best course of action.
Crossing the Road in Texas
At an intersection with traffic control signals, a pedestrian can only cross in a marked crosswalk. An unmarked crossing point, also referred to as an unmarked crosswalk, describes a situation where there’s no crosswalk at a place where you would expect one to be marked. An example of an unmarked crosswalk would be an intersection where there are curbs or walking trails on both sides, but no crosswalk is painted in the road.
Crossing an intersection diagonally is only permitted where it’s explicitly authorized by signs and a traffic control device.
According to Texas Transportation Code 552.005, a pedestrian is required to yield the right-of-way if crossing a roadway at a place:
- That’s not a marked crosswalk
- That would not be considered an unmarked crosswalk
- Where a tunnel or overhead crossing has been provided
Determining Negligence When a Driver Hits a Pedestrian
More than one person may be legally negligent when a traffic accident occurs in Texas. And this principle applies if a vehicle strikes a pedestrian. According to the legal doctrine of modified comparative negligence, a plaintiff who acted negligently can still recover damages from someone who was also negligent, as long as the plaintiff’s negligence is less than 50 percent.
Even if the court determines that the pedestrian is partly responsible for the accident because they chose to cross the road under unsafe circumstance, the driver may bear a greater degree of responsibility.
For example, a court may determine that the pedestrian was 40 percent negligent for the collision, but driver was 60 percent negligent. In this case, the pedestrian would be able to recover damages for 60 percent of the expenses caused by the accident, such as medical bills and time missed from work.
Factors that may be weighed by the court to determine the driver’s level of negligence include:
- Drunk driving
- Speeding
- Aggressive driving
- Distracted driving
- Driving with their lights off at night
- Not obeying traffic laws
- Running a red light or a stop sign
How Your Personal Injury Attorney Can Help
Your personal injury attorney will investigate the accident to determine who’s at fault. If the driver is more than 50 percent responsible for the collision, your lawyer can file a claim against their insurance company to help you recover the following types of expenses caused by the accident:
- Current and future medical costs
- Loss of income
- Reduced earning potential
- Rehabilitation and physical therapy
- In-home nursing care
- Disfigurement
- Pain and suffering
We’re on Your Side
At The Lenahan Law Firm, we look out for people who’ve been harmed by the careless actions of others. Our firm has a perfect 10.0 Avvo rating, and Super Lawyers has recognized us for providing our clients with superior service.
Call (214) 295-1008 to schedule a FREE case evaluation today.
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