While jaywalking is only considered a petty misdemeanor in Minnesota carrying a maximum fine of $100, it can have serious consequences. Jaywalking significantly increases the risk of accidents for both pedestrians and drivers. And while it is illegal and definitely safest not to do it, it doesn’t necessarily mean you’re at fault for an accident.
At Brazil Sweeny Law Group, we fight for pedestrian rights. If you or someone you know was hit by a motor vehicle while walking, even if they were jaywalking, call us today. We don’t believe pedestrians should be held responsible for the actions of negligent drivers and we’ll help you understand your legal rights so you can get the compensation you deserve.
What is Jaywalking?
Jaywalking is the term used for crossing streets illegally or in ways that violate traffic laws. In Minnesota, this includes crossing mid-block where prohibited, crossing against traffic signals, crossing diagonally at intersections (unless specifically permitted), or walking in roadways when sidewalks are available.
Who’s Liable in an Accident Involving a Jaywalker?
Regardless of where you are walking or how you are crossing, drivers are required to exercise due care and avoid collisions with pedestrians. That includes jaywalkers. So, it is possible for the motorist to be found liable for damages caused. However, there are laws pedestrians are required to follow as well, so it is also possible for the pedestrian to found at fault or partially at fault.
Minnesota Pedestrian Laws
Drivers are not the only ones who have to obey traffic laws. Minnesota law requires pedestrians to:
- Obey traffic signals and not cross against a signal
- Yield to motor vehicles when not crossing in a crosswalk or intersection
- Not suddenly leave a curb or safe place and enter the path of a vehicle too close to yield
- Not walk in the road when a sidewalk is available
- Not cross in between two adjacent intersections if they are both controlled by traffic signals
Even if the pedestrian is in violation of one of the above laws, they may still be able to seek compensation for their injuries through Minnesota’s comparative fault rule.
Minnesota’s Comparative Fault Rule
In Minnesota, each party’s negligence is evaluated, and a person is allowed to recover damages for death, injury to person or property, or economic loss if their degree of fault is not determined to be greater than that of the defendant’s. Any damages awarded, however, will be reduced based on their percentage of fault. So, for example, if you are the pedestrian and it is determined that you were 20% at fault for your own injuries due to jaywalking, the amount you would be awarded would be reduced by 20%.
How Fault is Determined in a Pedestrian Accident
There are a number of factors that can be used to determine who was more likely to be at fault for causing a crash involving a motor vehicle and a pedestrian, such as:
- Vehicle speed at the time of impact
- Severity of injuries
- Presence of alcohol or drugs in either party’s system at the time of the accident
- Whether any traffic laws were violated by either party
- If reasonable care was used by either party to try to avoid the accident
- If any weather conditions, such as rain and snow, could have played a factor in the accident
Because proving fault can be difficult, it’s important that anyone involved in pedestrian accident contacts an experienced personal injury attorney to evaluate their case and provide legal advice on how to proceed.
If You’ve Been Hit by a Car, We Can Help
Pedestrians are our most fragile road users. Should you find yourself a victim in a pedestrian accident, whether jaywalking was involved or not, you can turn to the personal injury attorneys at Brazil Sweeney Law Group. We are dedicated to providing advocacy to those injured in pedestrian accidents and will help you communicate with insurance companies and seek compensation to cover all your losses. Contact us today for a free, no-obligation case review. There’s no fee unless we win.