In a personal injury lawsuit, both the defendant and the plaintiff could be partially at fault. So if you were recently injured in an accident and believe that you do not have a case because you were jaywalking, you should talk to a New York pedestrian accident lawyer anyway. Jaywalking could be considered irresponsible behavior, but the driver who hit you could also share some of the blame for the accident and your injuries.
Is Jaywalking Illegal in New York?
While you are unlikely to actually receive a ticket for it, jaywalking is actually against the law in New York. You are supposed to cross at designated crosswalks instead of choosing whichever part of the road you want to walk over. When you are jaywalking, the motorist has the right of way, and if you get into an accident you could end up being partially to blame.
Who is at Fault for an Accident if I Was Jaywalking?
If you were jaywalking, you are probably going to be considered partially at fault for your accident. This does not prevent you from suing for damages though! It can affect your settlement amount due to New York’s comparative negligence laws though. Each party will get assigned blame, but how much of it depends on a number of factors. Your lawyer can look at a variety of evidence and build a case that shows that the driver was more at fault. They can use:
- Surveillance footage
- Eyewitness statements
- Police reports
- Medical records
If you were partly to blame, then the comparative negligence rule will affect the damages awarded. As an example, let’s say that you win $100,000 and are determined to be 40% to blame for the accident. You would then receive 60% of your award, $60,000.
What Should My Compensation Include?
You might receive a settlement offer from an insurance company after an accident, but this initial offer is probably not going to be enough to make up for everything that you experienced. Our law firm can help you fight for a fair and reasonable compensation offer that makes up for:
- The cost of medical care
- Any wages you lost due to your recovery
- Loss of earning potential
- Loss of enjoyment
- Pain and suffering
A compensation offer that does not address both the financial and psychological toll that this accident has taken on you and your family.
Do I Need a Personal Injury Lawyer?
A personal injury lawyer can usually make a case like this easier to go through. It is an especially good idea to talk to an attorney if you were jaywalking at the time of the accident though. This can help you learn whether or not a case is worth pursuing.
Talk to Our Legal Team
Even if you were jaywalking at the time of the accident, you may still have a personal injury case to pursue. Contact Zlotolow & Associates and schedule a consultation with our team. We can go over the facts of your case and tell you more about your potential legal options.