All citizens are exposed to the risk of being run over by a vehicle, be it a car, bicycle, or motorcycle. Although most of these accidents occur in large cities, due to the high number of vehicles and people, this risk is present in all parts of the world. Negligence is the root cause of many pedestrian accidents and an experienced attorney can make the difference in the case of jaywalking pedestrians. Find out how judicious legal advice can help you.
What is jaywalking?
Jaywalking is an illegal or reckless pedestrian crosswalk. Whether the pedestrian crosses the street at a place where it is not allowed to do so, or does so intending to avoid traffic illegally. This practice is considered illegal in many parts of the world and can be subject to fines and considerable sanctions.
It is recommended that you look at both sides of the road before attempting to cross it, as traffic accidents are very common. For your own safety, please follow the appropriate rules of circulation.
Common causes of jaywalking and pedestrian accidents
Here are the most common causes of jaywalking and pedestrian accidents:
- Overspeeding
- Drunk driving
- Urbanization
- Poor lighting
According to the Governors Highway Safety Association, pedestrian deaths in 2020 increased by 21 percent compared to 2019. This is the largest annual increase in pedestrian deaths since they began collecting data in the mid-1970s in the United States. This data was especially shocking as there are fewer cars on the road due to the COVID-19 pandemic.
Overspeeding
As discussed above, most drivers tend to overspeed, which exponentially increases the likelihood of jaywalking accidents. This happens because drivers are not able to stop the car on time, which results in unfortunate traffic accidents. These often prove to be fatal for the pedestrian.
Drunk Driving
Driving under the influence of alcohol or drugs can also account for the recent surge in pedestrian deaths. Being under the influence of intoxicating substances has a massive impact on the driver’s reaction time and driving ability. According to CDC, around 47% of the crashes that result in pedestrian deaths involve drunk driving (source).
Urbanization
Incidents like these are much more common in urban areas. This is due to the denser population in urban areas when compared to rural areas. In fact, most pedestrian deaths happen in urban areas.
Poor Lighting
Bad lighting conditions on the road can also have a major impact on the frequency of road accidents as it makes it harder for the driver to see the pedestrian clearly.
What happens if you hit a jaywalker?
When you strike a reckless pedestrian, the police will arrive and begin their investigation by assessing the scene, questioning, and asking for names and phone numbers. After your investigation, both parties may leave on their own if it is established that they share fault for the accident. However, all drivers have the duty of care for the injured person.
What should you do when you hit a jaywalker?
Just like any other accident, you should not leave the scene after hitting a jaywalker. Escaping from the scene is the worst thing you can do as it casts doubt over your side of the story. What you should do instead is immediately pull off your car to the side of the road and ask the jaywalker if he or she is injured, trying not to get into an argument with them.
Then, you should call emergency services so they can tend to the injuries suffered by the jaywalking pedestrian. The next step is to call the police so they can begin their investigation.
What can you do to protect yourself from damage?
You will have to cooperate with the police when they arrive so you can protect yourself if the pedestrian pursues damages. You should exchange personal information with the police, such as your name and phone number. Also, explain the situation to them. You should start collecting all the evidence that might be relevant in court if the pedestrian decides to sue you.
Take photographs of the scene, any dents or scraping marks on your car, the spot where the accident happened, and any other pictures around the spot that will help prove that the person was jaywalking when you hit them with your car. If there are any witnesses at the time of the accident, you should also get them to provide a statement. Get their names and numbers or forward them to the police.
Once the accident takes place, your goal should be to gather as much information as possible to prove your innocence to the law. Remember that you also need to prove that the pedestrian was jaywalking at the time of the incident and thus bears as much blame as you.
What to do in case of a road traffic accident?
Can you go to jail for hitting a jaywalker?
Depending on the situation, you can go to jail for hitting a jaywalker while driving if there is proof of absolute negligence. A jaywalking pedestrian could make personal injury claims, but most often the verdict shares the responsibility of the accident employing the comparative negligence rule.
The instances that will make you go to jail if you hit a jaywalking pedestrian include:
- Hit and run
- Driving under the influence
- Vehicular manslaughter
Hit and run
If you hit a jaywalker and do not stop at the scene of the accident, then it can become a major problem for you. The police and law will see this as a hit-and-run accident, and the pedestrian will be justified in his pursuit of damages against you. In this situation, it becomes very likely for you to incur criminal charges and a hit and run is a felony with a prison sentence.
Driving under the influence (DUI)
DUI stands for driving under the influence of some intoxicating substance that alters the driver’s judgment and impedes their sensory-motor, hence their driving ability. The use of drugs and alcohol can land you in serious trouble as the blame will entirely fall on you. DUI can result in high fines, jail times, and very harsh driving license penalties.
Vehicular Manslaughter
Reckless driving and poor handling of one’s vehicle can also land you in jail. Even if the pedestrian were jaywalking, the blame can fall on you if you operated the vehicle recklessly on the roads. This can involve overspeeding, cutting sharp corners, and driving under the influence of drugs. If this reckless driving results in the death of someone, then this can further land you into trouble.
Consult a Specialized Accident Lawyer
Who is at fault if a pedestrian is hit while jaywalking?
Rules were designed for everyone, and everyone should follow the rules. Just like drivers, pedestrians are required to adhere to traffic signals, safety protocols, signage, and other traffic laws. If negligence towards these traffic laws results in an accident, then it is very likely that the jaywalking pedestrian will be found at least partially at fault for the incident.
Laws can vary depending on which province the accident took place in. The law of the province will dictate who shares the blame when accidents happen. It is important to have an understanding of the rules and regulations of the province you are living in so that you can have a better idea of how the judicial system will look at this accident.
As a driver, you are obliged to follow the traffic rules and avoid an accident with pedestrians even if they are jaywalking and not following traffic rules. As a driver, you will be held accountable for the accident if there is an opportunity for you to avoid the accident. If you are overspeeding, driving under the influence, or commit distracted driving, then the blame will fall on you.
It is also mandatory for pedestrians to avoid accidents by following traffic signals, using crosswalks, and not crossing the road during heavy traffic as it can increase the chances of them getting into a fatal traffic accident.
