Let's look back at the previous example of the jaywalking pedestrian and speeding driver, to explain how this works. If the pedestrian sustained $50,000 in injuries and a judge or jury concluded that the pedestrian was 40% at fault while the reckless driver was 60% at fault, the pedestrian would be able to recover only $30,000.. Drivers who strike a pedestrian lawfully in a crosswalk can face: a civil lawsuit, driver's license repercussions, traffic citations, and potentially even criminal prosecution. If the pedestrian is seriously or fatally hurt, the consequences will be even worse for the driver. Though if the pedestrian was at-fault for the accident, the driver.
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Pedestrians on a roadway other than a marked crosswalk should yield the right-of-way to oncoming traffic. However, a pedestrian injured by a motorist while jaywalking is not defenseless. The motorist still has a duty to exercise due care even if the pedestrian is outside a demarcated crosswalk. How an injured pedestrian recovers compensation.. Talk to a Lawyer If You Hit a Pedestrian. Accidents involving cars and pedestrians can be serious, and the potential consequences drivers face—criminal and civil—can be significant. First things first: Learn what you should do after a car accident with a pedestrian. At some point it might make sense to talk to a lawyer:
