Jaywalking is a dangerous practice. While pedestrians may think they can get away with crossing the street outside a crosswalk, they may be liable for the consequences if a vehicle hits them.
Unfortunately, in Minnesota, jaywalking can be considered an offense, and those who are caught jaywalking can face fines or other penalties. In fact, some cases have resulted in civil lawsuits against the pedestrian. Therefore, if you or someone you know has been hit while jaywalking, it is important to understand your legal rights and obligations.
At Tyroler Leonard Injury Law, we believe pedestrians should not be held responsible for the actions of negligent drivers. That’s why we want to provide you with all the information you need to understand your rights if you are involved in an accident while jaywalking.
In this article, we will discuss what happens if a pedestrian gets hit while jaywalking in Minnesota and how to protect yourself as well as your family members.
What is Jaywalking?
Jaywalking is the term used to describe a pedestrian crossing a street or highway against a signal or outside of a marked crosswalk. Many states, including Minnesota, have laws that dictate when and how pedestrians should cross the street.
When walking in Minnesota, you should always cross at a controlled intersection if available. If no controlled intersection is available, you must yield to drivers before continuing.
Crossing the street anywhere besides designated crosswalks can be considered jaywalking and result in charges being made against the pedestrian, depending on the circumstances. While jaywalking may not seem like a serious offense, it can lead to disastrous consequences for those who choose to cross streets without caution.
Depending on the speed of traffic and other factors such as driver attentiveness and negligence, accidents caused by jaywalking can lead to serious injuries for both motorists and pedestrians.
What’s the Law on Jaywalking in Minnesota?
The consequences you can face for jaywalking in Minnesota depend on where and how you were walking. According to Minnesota law, it is illegal for pedestrians to walk into a crosswalk without checking for cars. In addition, pedestrians must always yield the right of way to vehicles at intersections unless there is a marked pedestrian crossing or traffic control device in place.
Additionally, no person shall enter or remain in the roadway while not crossing with a marked or unmarked crosswalk. Suppose a person is walking along a roadway outside of designated pathways. In that case, they need to be aware of their surroundings and take proactive steps to avoid being struck by oncoming motor vehicles.
By understanding Minnesota’s pedestrian laws, people are less likely to partake in jaywalking as they will be aware of the potential consequences of doing so— personal injury if struck by a car.
Who is Liable When a Pedestrian Gets Hit While Jaywalking?
When a pedestrian gets hit by a motor vehicle while jaywalking, the motorist may be found liable for the damages caused.
Under Minnesota law, pedestrians are required to:
- Obey traffic signals, including crossing the street only at designated crosswalks or intersections
- Not dart out into traffic or cross against a signal
- Yield to motor vehicles when crossing outside of a crosswalk or intersection.
That being said, even if the pedestrian is found to be partially at fault, they can still seek compensation from the motorist if they are injured in an accident, through Minnesota’s comparative fault system. Under this system, each party’s negligence is evaluated, and, based on their percentage of fault, any damages awarded will be reduced accordingly.
For example, if it is determined that the pedestrian was 60% responsible for their own injuries due to jaywalking and the motorist was 40% responsible for their negligence in driving too fast or not using due care with pedestrians nearby, then any damages awarded will be reduced by 60%.
Will Insurance Cover the Cost of an Accident Involving a Jaywalker?
The bad news is that if a pedestrian gets hit while jaywalking, their own insurance is unlikely to cover the cost of any damages. However, depending on the case, it’s possible that the driver’s insurance could be required to provide some compensation.
Minnesota law states that a motorist must exercise due care when driving and must give pedestrians the right of way when they have already entered a crosswalk. If a pedestrian is jaywalking and not within a crosswalk at the time of an accident, it may still be possible to hold the motorist accountable.
The court will consider several factors, including:
- The speed of the driver at the time of impact
- Whether or not any traffic laws were violated by either party
- Whether or not reasonable care was used by either party in order to avoid an accident
- Whether or not weather conditions such as rain and snow played a role in the accident
- Whether or not either party was under the influence of alcohol or drugs at the time of impact
- The severity of injuries caused by the accident.
These factors will be weighed in order to determine who was more likely at fault for causing an accident involving a jaywalker. In light of this, it’s recommended that anyone involved in such an accident should reach out to an experienced personal injury attorney who can help evaluate their case and provide legal advice on how best to proceed.
What Damages Could a Pedestrian Be Entitled to After Being Hit by a Vehicle?
When a pedestrian is hit by a vehicle while jaywalking, they are often entitled to damages, depending on the circumstances of the case. This can include compensation for medical expenses, lost wages, pain and suffering, and other related costs.
The amount of damages that the pedestrian can obtain will depend on several factors, such as:
- The Severity of the Injury Sustained by the Pedestrian: If more severe injuries were sustained due to being a jaywalker, then greater compensation may be awarded.
- Whether or not the Pedestrian was Actually at Fault for the Accident: If it can be determined that the pedestrian’s not following the law was a significant factor in causing the accident, it could potentially reduce the driver’s liability and result in less money for the pedestrian.
- Whether or not Insurance is Available to Cover Damages: If neither party has sufficient insurance coverage or has no insurance at all, it could lead to complications with compensation for damages.
In order to get a fair settlement after being hit while jaywalking, it’s important to seek legal representation right away so that you can get all of your rights and entitlements protected during negotiations.
How Can You Prove that a Pedestrian Was Actually Jaywalking at the Time of the Accident?
When it comes to filing a personal injury claim, there are several legal complexities that must be considered. One of these is proving that the pedestrian was indeed jaywalking when the incident occurred.
There are a few ways to prove that a pedestrian was jaywalking:
- Witness accounts of the incident
- Security camera footage from stores or businesses in the area
- Testimony from the driver or police report
- Expert testimony from safety and traffic experts
- Cell phone records detailing any calls or texts sent or received near the time of the accident
- Traffic signals in effect at the time of the accident
- The visibility of markings and signage on roads which would alert a pedestrian to their location
- Any other evidence related to the accident that demonstrates negligence on behalf of the driver.
Proving that someone was jaywalking can be difficult, so it is important to have experienced legal counsel on your side to help you build a strong case and ensure proper compensation for your injuries and suffering.
Why Choose Us?
If you or a loved one have been injured while jaywalking in Minnesota, Tyroler Leonard Injury Law can help. Our experienced lawyers understand the complexities of the law and can represent you in all proceedings.
We are dedicated to providing professional and knowledgeable advice to our clients and will fight for the best possible outcome.
Here are some reasons why you should choose us:
- We have years of experience in personal injury law, including pedestrian accident cases.
- Our lawyers are dedicated to providing you with thorough and comprehensive advice on your case.
- We understand that every case is unique and will work with you to develop a tailored strategy for success.
- We handle all aspects of your case from start to finish, so you don’t have to worry about anything.
- We strive to get our clients full compensation for their losses, including medical expenses, lost wages, pain and suffering, emotional distress, and more.
At Tyroler Leonard Injury Law we understand that being involved in an accident can be a traumatic experience and we want our clients to know that we are here for them every step of the way. Contact us today for a free consultation – let us help you get what’s rightfully yours!
Call Us to Schedule Your Consultation
In Minnesota, cars have the right-of-way over pedestrians, and a pedestrian who is jaywalking can be held liable for an accident they are involved in. However, it is not always easy to determine who is at fault when a jaywalking pedestrian is hit by a car. It is important to seek experienced legal counsel to evaluate your case and determine who is liable and to what extent.
FAQs about Jaywalking
When it comes to getting hit by a car when jaywalking, many people have a lot of questions that can only be answered by an experienced personal injury lawyer. Here are some of the most commonly asked questions about jaywalking laws in Minnesota:
Am I at fault if I get hit while jaywalking?
If a driver fails to exercise due care and attention when operating their vehicle, they are responsible for the accident and liable for any damages. Pedestrians must also follow the law and not put themselves in harm’s way, so if they fail to do so then they may share responsibility.
What compensation can I expect?
Compensation is based on a variety of factors such as medical bills and lost wages. It is important to document all your medical costs as well as any related expenses like travel costs for appointments or time away from work.
What are the dangers of jaywalking?
Jaywalking can be dangerous because pedestrians may not be visible to drivers, or they may misjudge the speed or distance of approaching vehicles.
What are some common causes of accidents while jaywalking?
Accidents while jaywalking can be caused by various factors, including distracted driving, speeding, poor visibility, and pedestrian error.
What are some common injuries sustained in accidents while jaywalking?
Common injuries sustained in accidents while jaywalking include broken bones, head injuries, spinal cord injuries, and internal injuries.
What can be done to prevent accidents while jaywalking?
To prevent accidents while jaywalking, pedestrians should always use designated crossing areas and obey traffic signals. Drivers should be aware of their surroundings and watch for pedestrians, especially in areas with heavy foot traffic.
Tyroler Leonard Injury Law can help you navigate this difficult situation, guide you through every step of the legal process, and fight to get you the compensation you deserve.