{"id":30319,"date":"2023-04-26T08:00:24","date_gmt":"2023-04-26T12:00:24","guid":{"rendered":"https:\/\/www.rhinolawyers.com\/?p=30319"},"modified":"2026-05-27T16:37:25","modified_gmt":"2026-05-27T16:37:25","slug":"i-wasnt-in-the-crosswalk-do-i-still-have-a-case","status":"publish","type":"post","link":"https:\/\/www2.rhinolawyers.com\/es\/i-wasnt-in-the-crosswalk-do-i-still-have-a-case\/","title":{"rendered":"I Wasn’t In the Crosswalk, Do I Still Have a Case?"},"content":{"rendered":"

One pedestrian was killed in an accident every\u00a0one and a half hours<\/a>\u00a0in 2020, making up one in six total road deaths.<\/p>\n

Pedestrians are a lot more vulnerable. But victims of pedestrian accidents aren’t second-class citizens in the world of personal injury claims. While pedestrians must obey the rules of traffic and use a crosswalk where available, it doesn’t help the complexity of the situation.<\/p>\n

Read on to learn why crosswalks aren’t everything in pedestrian accidents.<\/p>\n

Can I Get Compensation if I Wasn’t on the Crosswalk?<\/h2>\n

Crossing without a crosswalk doesn’t preclude pedestrians from compensation in the event of an injury. Sometimes a crosswalk isn’t available. This means a driver should yield to pedestrians and drive with care in pedestrian areas. Failure to do so is negligent behavior.<\/p>\n

The compensation question ultimately comes down to a question of fault. Whose fault is an accident, and how to prove that fault?<\/p>\n

How\u00a0Do the Courts Know Who Is at\u00a0Fault?<\/h3>\n

Determining who’s at fault in a jaywalking accident depends on several factors and rests upon comparative negligence, which we’ll explain below.<\/p>\n

In short: The courts decide to what\u00a0degree\u00a0<\/em>the driver is at fault. If the driver bears no responsibility at all, then they won’t owe compensation. One of the crucial factors in determining fault is the driver’s state at the time of an accident.<\/p>\n

Drivers are more likely to be considered negligent if:<\/p>\n