Am I Responsible for Hitting Someone While They Were Jaywalking?
Legally Reviewed and Edited by: Terry L. Cochran
What happens if you hit a pedestrian jaywalking? It’s a scary scenario with serious legal implications. In 2022, there were 1,897 pedestrian-involved crashes, with 173 fatalities. Of these deaths, 43 were due to a pedestrian crossing the street outside an intersection.
As a driver, you’re responsible for watching out for pedestrians and yielding right-of-way. Although it’s a civil infraction, people often jaywalk when crossing the street, making it hard to see them until it’s too late. Knowing what happens if you hit a jaywalker and its legal implications for personal injury compensation can help protect your rights in a collision.
Our experienced auto accident attorneys can guide you through the claims process after someone jaywalks and you hit them. We’ll investigate what caused the collision and minimize your fault if they broke the law.
What is Jaywalking?
Jaywalking occurs when an individual on foot crosses streets in a manner that violates traffic regulations, often by ignoring traffic lights or crossing outside designated pedestrian zones. This risky action can endanger the safety of the pedestrian and any drivers involved.
Examples of jaywalking include:
- Crossing a street away from a crosswalk
- Ignoring a pedestrian walk signal and walking against it
- Stepping onto the road from behind an obstacle where drivers can’t see you
- Walking diagonally across an intersection not designed for crossings
- Crossing a street immediately in front of oncoming traffic, forcing vehicles to stop or slow down unexpectedly
- Walking along and using a highway or expressway where pedestrian access is prohibited
Is Jaywalking Illegal in Michigan?
There is no explicit law against jaywalking in the Great Lakes State, but several statutes address pedestrian behaviors for crossing the road. These actions are civil infractions, which means pedestrians typically won’t go to jail for jaywalking but can be fined around $111, depending on the fee schedule where it happened.
This table outlines unlawful actions by pedestrians that could lead to penalties or fines:
| Statute | Explanation |
|---|---|
| 257.655 | Pedestrians are required to use sidewalks where available. If no sidewalks are provided, pedestrians should stay on the left side of the highway facing oncoming traffic. |
| 257.676b | Blocking, obstructing, impeding, or interfering with the normal traffic flow (vehicular, streetcar, or pedestrian) without authority is prohibited. This includes using barricades, objects, devices, or one’s own presence to create obstructions. |
| 257.613 | Pedestrians must obey regular traffic control signals unless special pedestrian control signals are used, which provide specific “walk” or “don’t walk” instructions. |
Your Responsibility as a Michigan Driver
Even when pedestrians jaywalk and break the rules, drivers still have a duty of care. Michigan statute 257.612 states that you must yield the right-of-way to pedestrians at intersections and crosswalks.
You have a duty of care to drive cautiously and take reasonable actions to avoid hitting anyone, even those crossing illegally. This means obeying traffic signals, remaining aware of your surroundings, and operating your vehicle safely.
If you hit someone jaywalking, you may be held liable if they can show that you acted negligently. For instance, if you were texting instead of watching the road when the accident occurred. However, liability can be more complex if you follow all traffic rules and a jaywalker suddenly runs into the road. You may share fault with the pedestrian under Michigan’s modified comparative negligence law. If you can show that their actions caused the accident, you might be able to seek compensation for damages to you or your passengers.
What Happens if You Kill a Jaywalker?
If you’re involved in an accident that results in a jaywalker’s death, the situation is tragic for all parties. Your legal consequences as the driver will depend on the details of the incident.
For example, if you stay at the scene, cooperate with law enforcement, and show that you complied with traffic rules, you may be less likely to face legal repercussions. However, if you were driving recklessly, like speeding or driving under the influence, you could go to jail for hitting a jaywalker, face criminal charges, and be responsible for damages claimed by the deceased’s family.
Determining Fault in a Jaywalking Incident
Given the complexity of jaywalking accidents, identifying who is at fault is crucial for establishing responsibility and pursuing compensation. These incidents raise questions about the cause of the crash and whether specific measures could have prevented it.
Your level of responsibility will depend on the specific details of the accident. Below are scenarios where the driver may be liable versus when a pedestrian might be considered at fault:
| Driver At Fault | Pedestrian At Fault |
|---|---|
| Driving over the speed limit | Crossing against the traffic signal |
| Failing to yield to pedestrians at crosswalks | Jaywalking or crossing outside of crosswalks |
| Driving under the influence of alcohol or drugs | Entering the street from a hidden spot, like stepping out from between parked cars |
| Distracted driving, like using a phone or eating | Wearing dark clothing at night |
| Ignoring traffic signals | Not paying attention to oncoming traffic |
| Driving without headlights in poorly lit areas | Walking along highways or bridges where pedestrian access is prohibited |
| Aggressive driving behaviors | Crossing intersections diagonally instead of using the designated crosswalk |
| Failure to adjust driving for weather conditions | Standing too close to traffic while waiting to cross and accidentally stepping into the path of an oncoming vehicle. |
How Our Attorneys Can Help?
If you’re involved in an accident with a jaywalker, securing legal representation is crucial. There’s a common assumption that the driver is always at fault, which might prevent you from receiving fair compensation for any injuries or damage inflicted by a jaywalker.
You could also be financially responsible for the pedestrian’s injuries, which might increase your insurance rates and negatively impact your driving record.
Our legal team at Cochran, Kroll, & Associates, P.C. can represent your interests after a pedestrian accident. Our approach includes various strategies to safeguard your rights, such as:
- Gather evidence. We collect crucial evidence to support your case, securing traffic and surveillance camera footage, obtaining eyewitness accounts, and compiling detailed accident scene reports. This ensures we have a solid foundation to build your defense.
- Determine fault. We will meticulously analyze the gathered evidence to accurately determine fault in the accident. This involves understanding how the jaywalking pedestrian’s actions contributed to the incident and establishing your degree of responsibility, if any.
- Navigate modified comparative negligence. Modified comparative negligence means you can still recover damages in an accident if you’re found to be less than 50% at fault. We guide you through this legal concept, ensuring the best strategy to highlight your minimal fault and maximize your compensation.
- Negotiate for a fair settlement. Our team will aggressively negotiate with the insurance companies and the pedestrian’s legal representation to secure a settlement that fairly compensates for your damages. This settlement can cover your medical expenses, repair costs, and any other losses without you having to resort to litigation.
Eileen Kroll, a partner at our firm with a background in nursing, will use her healthcare knowledge to accurately assess your claims. Eileen ensures your compensation covers not just your current medical expenses but any future costs related to your injuries.
- We represent you in court. If negotiations fail to deliver a settlement that meets your needs, our firm is ready to defend you in court. We’ll build a strong case, using every piece of evidence and legal tactic to fight for your interests and aim for the best outcome possible.
Seek Legal Guidance After a Pedestrian Accident
What happens if you hit a pedestrian jaywalking? The outcome depends on the specific facts of the case and the advocacy you have in your corner. At Cochran, Kroll & Associates P.C., our car accident lawyers have decades of experience managing pedestrian accident cases with empathy and determination. We know how to investigate the incident, establish fault, protect your rights, and fight to maximize the compensation you receive.
Take the first step toward clarity and resolution today. Contact us today for a free, no-obligation consultation. We will review your case and determine the best course of action for your circumstances.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-642-4529 and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
