Can A Jaywalker Get Compensation If Hit By A Motorist In New York State?
Take a walk with me for a moment, won't you? We need to cross the street, but I don't feel like walking all the way to the intersection for the crosswalk, so let's just cross in the middle of the street.
Of course, by doing that, we have just broken the law. Everyone knows, well everyone should be aware that it's called Jaywalking and in New York State, that is a no-no. It is illegal to jaywalk in the Empire State.
But let's get serious. Many of us jaywalk. I do. Every single day that I am downtown. Okay, everywhere else as well. Never been given a ticket for it, although now that I have made a confession, it's possible I could.
Aside from the legality of jaywalking in New York State, what if you jaywalk and get hit by an oncoming vehicle? According to the EKJ Law website, motorists have the right of way when a pedestrian crosses a street anywhere other than a designated crosswalk or intersection.
But, what if you get hit? EKJ Law states that even though the person who got hit when they were jaywalking is breaking the law, that person does have a right to get compensated for injuries. But there's a catch - you have to prove that the motorist was also at fault.
EKJ Law notes that New York State has a comparative negligence law that basically says if the jaywalker was hit by a motorist driving recklessly, the fault might be split in two ways, depending on the situation.
Keep in mind that even if the driver is partially at fault, you’ll still be responsible for covering the rest of your losses. - EKJ Law
The best thing to do is take that short walk to the intersection where the crosswalk is, follow and abide by the traffic signals, and even so, watch for oncoming traffic.