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Jaywalking Accident Lawyer Kansas City MO

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Jaywalking Accident Lawyer Kansas City MO

Jaywalking Accident Lawyer Kansas City MO

Generally speaking, the American legal system allows accident victims to hold others responsible when they suffer harm because another party either acted or failed to act in a way that caused that harm. For example, when an individual drinks to excess, gets behind the wheel of a car, and plows into a law-abiding motorist who is driving safely, the unintoxicated motorist can sue the drunk driver for damages related to the bodily injury and property damage that the intoxicated motorist caused.

But what happens when the issue of fault becomes a bit muddier? Say that a driver is mildly distracted when changing their radio station and that driver hits a pedestrian who is jaywalking. Who is at fault for the accident then? Can either hold each other accountable for the harm that is caused by the accident? Jaywalking is technically an illegal behavior. On the other hand, drivers of massively powerful vehicles are required to pay close attention to the road at all times.

Every accident is different, which is why it is important to avoid making assumptions (for better or worse) about who is at-fault in the wake of an accident. Instead, you’ll want to speak with a pedestrian accident lawyer Kansas City, MO residents trust as soon as you possibly can after a collision occurs. After you have a risk-free, confidential consultation with an experienced Kansas City, MO jaywalking accident lawyer from Royce Injury Attorneys LLC, you’ll have a better sense of who may be held liable in your unique case and to what extent that liability will be imposed.

What Is Jaywalking?

Jaywalking is when a pedestrian crosses the road at a place where there is no crosswalk or intersection. Doing this can be oftentimes dangerous because drivers might not be expecting to see someone on the road at these kinds of locations. Jaywalking is considered to be an act of violating the traffic laws set up for pedestrians. These laws can cover a large range of actions. For example, when someone uses a crosswalk when the traffic light has a “do not walk” sign flashing, walking along the street when there is a sidewalk, and crossing the street instead of using the crosswalk. When being a pedestrian, jaywalking is a common activity and everyone has done it before. Generally speaking, it is a harmless act. However, if someone does decide to jaywalk, they do increase their chances of getting hit and being in a pedestrian accident.

Legality of Jaywalking

Jaywalking laws have been made to not only protect pedestrians, but motorists as well. When it is regulated when someone can and can not walk across the street, the amount of pedestrian accidents will dramatically decrease. Pedestrian laws will differ depending on your location such as state and jurisdiction. However, jaywalking is usually looked at as an infraction or a misdemeanor. If someone in law enforcement does decide to write you a ticket for jaywalking, you will have to pay a fine like you would for a regular traffic ticket. There is a surprising amount of jaywalking cases that pedestrian accident lawyers see. Showing that people really do not follow the laws set up for pedestrians.

Determining Liability in a Pedestrian Accident Case

If a pedestrian gets hit, they will take the worst of the accident. This being the case, it is easy to assume that the driver who hit the pedestrian is at fault for the accident happening. However, this is not always true. There is the possibility that the pedestrian was the one at fault. This is especially true if the person who got hit was jaywalking or not following the traffic laws which caused the accident to happen.

Every person on the road must follow the rules that have been created. This goes for pedestrians, bikers, motorcyclists, or any other motor vehicle. It is a violation and against the law for someone to be jaywalking. This can be defined as someone walking within areas on a highway or roadway where a pedestrian is now allowed to be. Pedestrians must also follow any and all traffic signs or signals that are available.

If a pedestrian does not follow the rules set up for them, and therefore caused the accident, then the pedestrian will more than likely be found partially at fault for the accident occurring. This means that any compensation that the pedestrian is able to recover from the other party involved in the accident could be lowered. If a pedestrian was being negligent and jaywalking, it will play a role in the legal claim depending on the rules of the road at which the accident happened.

Generally speaking, fault in a personal injury matter can be divided between more than one party, in the event that more than one party contributed to the harm that was caused by the accident. For example, a pedestrian might be deemed to be 10 percent at fault for the harm caused because that individual was jaywalking while a driver may be deemed to be at 90 percent fault because they were distracted and had the greatest responsibility to pay attention. As a result, the pedestrian could still be awarded damages, but only at 90 percent of the amount that they would be entitled to if the driver had been 100 percent at fault. This is just an example of how fault could be determined in fractions in the event that more than one party contributed to harm. However, it’s important not to make any assumptions about your particular case before speaking with a Kansas City, MO jaywalking accident lawyer because every case is different.

Legal Assistance Is Available

If you were struck by a vehicle while jaywalking, you may have some shared fault for the harm that you have suffered. However, drivers are generally far more responsible in pedestrian collisions than pedestrians are. As a result, it is not wise to dismiss the idea of filing a legal claim simply because you weren’t crossing the street at a designated crosswalk. Please schedule a consultation with a Kansas City, Missouri jaywalking accident lawyer today to explore your options. Even if the accident was partially your fault, you may still be entitled to significant compensation.

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