Looking out for pedestrians crossing the street is essential for all drivers. Unfortunately, not everyone follows the rules and sticks to designated crosswalks- which can lead to jaywalking accidents. Any accident involving drivers and jaywalking pedestrians can lead to complicated legal proceedings- and can leave drivers confused about their rights and liability.
Understanding jaywalking and what happens if you hit a jaywalker is essential for navigating the legal process that follows.
Is Jaywalking Illegal in Iowa?
Jaywalking is the term given to any pedestrian crossing a road at any point that is not a designated crosswalk- and it is technically illegal in most states, including Iowa.
The official definition of jaywalking is crossing a road without using the nearest crosswalk or doing so in a heedless manner. It also applies if a pedestrian crosses at a marked crosswalk when the light is red- or if they fail to yield to traffic.
Jaywalkers not only break traffic laws, but they also put their own safety- and the safety of others- at risk. They can receive tickets for doing so, and they may be found at least partially at fault for any accident that occurs.
Who Is at Fault if a Driver Hits a Jaywalking Pedestrian?
Determining fault in jaywalking accidents is not always clear-cut. Every road user (pedestrian or vehicle user) has a legal responsibility to follow traffic laws and to exercise reasonable care. As such, both parties involved could be partially at fault.
Pedestrians should, by law, use a designated area to cross the street- and should never put themselves in immediate danger by stepping out into traffic. If a pedestrian decides to cross the street illegally by jaywalking, they are breaking road rules. Therefore, if they are hit while jaywalking, they do hold some responsibility.
That said, drivers must always be vigilant and take all reasonable steps to avoid hitting any pedestrian- regardless of whether or not they are jaywalking. A driver is highly likely to share fault if they could have, in any way, avoided the accident.
Contributory and comparative negligence laws in Iowa mean that when an accident occurs and more than one party is to blame, it is still possible to claim compensation- but at a reduced rate.
Things to Consider for Contributory Negligence
Both the pedestrian and the driver can be at fault for the accident. In many jaywalking incidents, the blame is shared- as is the potential liability. Who is more at fault depends on the circumstances surrounding the incident.
Did the Jaywalking Pedestrian Ignore Traffic Signals?
All jaywalking is against the rules, but some cases are more significant than others. Knowingly walking out into oncoming traffic or attempting to cross diagonally across a busy street or intersection are particularly dangerous examples- as is stepping onto a crossing when the pedestrian light is red and the traffic light is green.
Making these choices goes beyond a simple attempt to cross at a non-designated spot and becomes an active disregard for their own pedestrian safety. It also endangers other roadway users by forcing hard braking and swerving.
Was the Driver Breaking Any Traffic Laws?
Just because someone is jaywalking, it doesn't mean all other traffic rules cease to apply. If a driver ignores traffic lights, breaks the speed limit, or is driving recklessly in some way when a pedestrian is hit, they are likely to be found liable for damages.
Drivers must be paying attention at all times. They will be held liable for hitting a jaywalking pedestrian if they are:
Driving under the influence
Driving while distracted
Driving too fast
Making a wrong turn
Driving through a stop sign or red light
This list is far from exhaustive. Any wrongdoing on the driver's part will put them at least partially at fault.
Could the Driver have Avoided the Collision?
Pedestrian safety should always be a priority for road users, as the risk of significant injury is much higher for someone who does not have the protection of a vehicle. If a driver is not in the wrong as far as their driving goes, they could still be liable if they had an opportunity to stop the collision and failed to act.
Some examples include:
Not breaking soon enough or hard enough
Not swerving to avoid the pedestrian (assuming it would have been safe to do so)
Not slowing down sufficiently to allow the pedestrian to cross safely
In short, it doesn't matter if a pedestrian is hit while jaywalking illegally- if the driver could have avoided the collision safely, they share the blame and are partially liable for damages. For more information, a pedestrian accident attorney may be able to help.
What to Do Immediately After a Car Versus Pedestrian Accident
The first thing to do at any accident scene is contact the police and emergency services. Stay at the site until told it is okay to leave, then seek medical attention.
Filing an accident report at the scene is crucial for documenting what happened and why- details that are used later during negotiations.
It is also important to inform the insurance company of the accident and to contact a lawyer as soon as possible.
What Happens with Compensation after a Jaywalking Accident?
Car accidents usually lead to some sort of financial damage for one or more parties. In Iowa, people can still make a legal claim for compensation if they are partially to blame, but the settlement amount will be adjusted based on the percentage of the fault assigned to them.
Some damages that may be claimed include:
Medical bills and other medical expenses
Property damage
Lost wages
Pain and suffering damages
It is difficult for a driver to claim compensation from an injured pedestrian, even if the pedestrian's actions contributed to the accident. That said, it is not impossible. Tom Fowler Law can advise on an average settlement for a pedestrian hit by a car.
Could a Driver Face Criminal Charges if They Hit a Pedestrian who is Jaywalking?
Depending on how and why the accident occurred, there could be legal consequences for a driver. Reckless driving, drunk driving, and dangerous driving are all still criminal offenses- even if the vehicle hits someone jaywalking. Tom Fowler Law can go over many legal options for pedestrian accidents.
Drivers found guilty of the above offenses could face fines, license points or bans, and jail time- as well as paying compensation to the injured party.
If the pedestrian involved is killed, the driver could face vehicular manslaughter charges.
Seek Legal Advice from an Iowa Personal Injury Law Firm that Cares
Tom Fowler Law of Des Moines Iowa offers legal representation to any injured person involved in a car accident. Extensive legal knowledge and a deep understanding of traffic accident laws help them achieve a fair settlement for victims.
Learn more about what happens if you hit a pedestrian jaywalking and what legal options there are for finding a fair resolution. Contact Tom Fowler Law today to speak to a personal injury lawyer with experience handling jaywalking pedestrian cases.
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