Can You Sue if You Are Hit While Jaywalking?

Being hit by a car while jaywalking is a terrifying and disorienting experience. You may wonder whether you can sue for your injuries even though you weren’t in a crosswalk. The answer is yes—you can still pursue compensation in many cases. Importantly, Florida law does not bar pedestrians from seeking damages, even if they were jaywalking. This should provide some reassurance, knowing that you have legal rights to compensation.

At Dismuke Law, our committed personal injury attorneys provide compassionate and skilled representation for pedestrians facing recovery challenges after an accident. If you’ve been injured as a pedestrian in Central Florida, trust Dismuke Law to provide the skilled legal support you need. 

Is Jaywalking Illegal in Florida?

While “jaywalking” doesn’t appear in Florida’s statutes, specific actions commonly associated with jaywalking are illegal. For example, running into traffic or crossing against a red light violates traffic laws. In many parts of Florida, crossing mid-block where no crosswalk exists is legal, but it’s generally discouraged because of the risks it poses to pedestrians and drivers alike.

Legal or not, crossing outside of a crosswalk can be dangerous. Drivers often don’t expect pedestrians to cross at unmarked locations, which increases the likelihood of an accident. Pedestrians only have the right-of-way in marked crosswalks or when a “Walk” signal is displayed.

Comparative Negligence and How It Affects Your Case

Florida follows a modified comparative negligence system. Under this law, your ability to recover compensation is reduced by your percentage of fault. For instance, if you were found to be 30% at fault for jaywalking, you could still recover 70% of your damages.

This system ensures that pedestrians are not automatically denied compensation simply because they were crossing outside a crosswalk. Working with a skilled attorney is essential in these cases, as they can help present evidence to minimize your share of the fault and maximize your recovery.

Common Causes of Jaywalking Accidents

Jaywalking accidents often occur due to factors involving pedestrians and drivers. Understanding these causes can provide insight into your case:

• Distracted driving
• Poor visibility from inclement weather
• Impaired driving from drugs or alcohol
• Pedestrian errors

If you’ve been injured while jaywalking, documenting the circumstances of the accident can be critical to building a solid case. Even if the accident occurred due to a combination of factors, it’s essential to identify all parties involved to ensure proper accountability.

Steps to Take After a Pedestrian Accident in Florida

Taking the proper steps after being hit by a car can help protect your health and legal rights. Here’s what to do if you’re involved in a pedestrian accident:

• See a doctor immediately
• Document the scene
• File a police report
• Consult a pedestrian accident lawyer

These steps can strengthen your claim and improve your chances of securing a fair settlement. The sooner you take action, the more evidence you can gather to support your case and protect your rights.

Compensation You May Be Entitled to After a Pedestrian Accident

If you were hit by a car while jaywalking in Florida, you might be entitled to compensation for your damages. That may include both economic and non-economic losses, such as:

• Medical expenses
• Lost income
• Pain and suffering

An experienced attorney can help you quantify your losses to ensure you receive the compensation you deserve. They can also guide you through the complexities of Florida’s legal system to ensure your case is handled efficiently and effectively.

Consult Skilled Florida Pedestrian Injury Attorneys Today

If you’ve been injured in a pedestrian accident, even while jaywalking, you deserve a legal team that will fight to recover the full compensation you’re entitled to. David Dismuke, a Board-Certified Civil Trial Law attorney, understands the toll serious injuries can take on victims, especially from pedestrian accidents. With over 18 years of experience, you can count on Dismuke Law to help you secure the compensation necessary to begin your recovery.

At Dismuke Law, we are here to guide you through the legal process and fight for the recovery you deserve. Don’t let the stress of filing a personal injury claim prevent you from seeking the justice you deserve. Contact us today for a free consultation and call (863) 250-5050 or complete our contact form to get started.