According to Connecticut law,
pedestrians have the right of way when walking across a street in a crosswalk, on
public and private sidewalks, and on roads and highways. But what happens
when a jaywalking pedestrian is struck by an automobile?
Similar to motorists, pedestrians have a duty of care to look out for oncoming
vehicles and act carefully towards them. This means that a pedestrian
jaywalking in the street would not exercise a reasonable duty of care.
A driver who sees a jaywalking pedestrian could slam on their brakes,
potentially causing a more severe
car accident by attempting to avoid an individual crossing the street illegally. So
a pedestrian who fails to exercise a reasonable standard of care under
the circumstances may be considered negligent.
Keep in mind, Connecticut has a modified comparative negligence law where
the plaintiff can recover as long as he or she is not more at fault than
the other party (not 51 percent or more). In accidents involving jaywalkers
and motor vehicles, often both parties can be considered negligent. For
example, the pedestrian jaywalks walking while the driver is traveling
in excess of the posted speed limit. The insurance companies and/or court
can determine each party’s percentage of fault and how much each
party can recover from the accident.
In order to sort this all out, injured pedestrians and drivers may want
to seek professional legal advice from an experienced
personal injury attorney. A lawyer can evaluate the accident, examine the evidence, and
determine all of the legal options.
If you have been injured in a car accident in Connecticut,
request a free consultation with our Hartford personal injury attorney at
Zayas Law Firm today.