Can I Win a Pedestrian Incident Case if I Was Jaywalking?

city street pedestrians

Jaywalking is the act of crossing the street at a point that is out-of-bounds from a designated crosswalk or marked intersection. This is considered illegal in the state of Texas. So, continue reading to learn your chances of winning a pedestrian incident case if you were jaywalking and how an experienced Houston, Texas pedestrian accident lawyer at White Personal Injury can build up your legal strategy.

What injuries are commonly associated with jaywalking?

As a pedestrian, you have little to no protection against commercial trucks, standard motor vehicles, motorcycles, and even bicycles on the roads. This has to do with the sheer size and weight of these automobiles; this is not to mention the speed at which they are moving. For just this reason alone, you must not participate in any jaywalking.

What’s more, the state of Texas has strict laws to keep pedestrians safe on the road. This is because, sadly, if you decide to jaywalk, you are more likely to incur one or more of the following injuries:

  • A spinal cord and/or neck injury.
  • A traumatic brain injury or concussion.
  • Broken or sprained bones.
  • Loss of limbs.
  • Permanent scarring or disfigurement.
  • Severe road rashes.

What is the possibility of winning a pedestrian incident case if I was jaywalking?

If you are found to be jaywalking at the time of your pedestrian incident, you may be considered partially at fault for its causation. Rest assured, there is still a possibility that you can act as a plaintiff in a personal injury case.

This is thanks to the state of Texas’ modified comparative negligence standard. This law holds that you can still bring a legal action forward to recover a portion of your damages if you are partly to blame for an incident. Importantly, this is so long as you are not more than 50 percent to blame.

As an example, if your jaywalking makes you 40 percent at fault for your incident, then you may still have a chance at receiving financial compensation for 60 percent of your damages. With this, you may need to submit a sufficient amount of evidence that the defendant was indeed 60 percent at fault. Examples are as follows:

  • Evidence that an automobile driver failed to drive within the enforced speed limit at the time of your incident.
  • Evidence that a construction worker failed to properly barricade a crosswalk at the time of your incident.
  • Evidence that a state, county, or city-owned entity failed to adequately paint crosswalk lines at the location of your incident.

You should not have to go through your personal injury claim proceedings alone. Instead, you should seek the assistance of a skilled Houston, Texas auto accident lawyer from White Personal Injury. Contact our firm today.

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