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Hitting a jaywalker may lead to bodily injury, mental distress, and pain and suffering. The claims made to the responsible car owner are likely to compensate the victim. An automobile driver has the role of ensuring they do not hit a pedestrian even if they are in the wrong.
By hitting a jaywalker, a driver is said to be at fault for endangering people's lives and property damage. Pedestrians can be, at times, in the wrong by crossing the roads, even when there is a speeding car coming.
In such a case, the jaywalker could be wrong, but still, the driver may be at fault if there was an opportunity to avoid the accident. Unfortunately, many drivers and pedestrians fail to be attentive to road safety measures.
Nowadays, people tend to cross the road while on a call, texting, or when distracted. What happens if such a person is hit by a car while jaywalking? This piece seeks to explain the fundamental aspects that solve the situation.
Are You Entirely at Fault While Hit When Jaywalking?
The answer is no. It is understood that jaywalking is illegal in many states. It is, however, not always that the jaywalker is at fault. At times the driver may also be at fault for several mistakes. For instance, if the driver was not paying attention to the road or was on a call. By law, the splitting of fault between the pedestrian and the driver is known as comparative fault.
The motorist should compensate the pedestrian by paying hospital bills, lost wages, or pain and suffering compensation. If further investigation is done and the driver is found negligent, the driver is pronounced to be entirely at fault and could go to jail for hitting the pedestrian.
What Happens if a Motorist Kills a Jaywalker?
This situation is entirely sad. Losing a loved one is some of the hardest news to consume. In this case, compensation may never be enough to bring back the life of the deceased. However, the law allows the driver to explain the situation and evaluate the fault.
In most cases, when a pedestrian is hit by a car while crossing a busy road and dies, the driver may not face any charges. On the other hand, if a pedestrian is hit by a car on the crosswalk, the driver faces criminal charges for negligence and vehicular carelessness.
Such a situation requires the deceased family to seek a pedestrian accident attorney from Powell Law to take them through the court requirements. In instances that the driver was intoxicated, the police detain the individual to collect several samples.
Some samples include blood and urine samples to help in determining if the driver was under the influence. In instances that the driver denies the accusations, they face several administrative penalties.
What Happens to a Jaywalker Involved in a Hit and Run Accident?
A driver who decides to leave the scene of an accident is identified as a criminal. The driver may be making several mistakes like being drunk or driving a stolen car. The family of the killed jaywalker or pedestrian expects the authorities to find the unidentified driver. The driver should be penalized and issued vehicular homicide charges.
Wrongful death is another aspect where an individual is hit when outside the car. Uninsured drivers or pedestrians receive their remittance from the accused. There are also further charges for the driver who leaves the scene of an accident.
Roles of a Pedestrian Accident Attorney
Of course, injured pedestrians cannot stand by themselves in a court of law. The injured individual may be traumatized, weak, and in pain. There, it is not fair to sort the issue in such a condition.
Currently, there are experienced St Louis injury law offices. These attorneys can step in to the case to help the victim in getting their compensation. Some insurance adjusters are timid enough to mentally influence the victim.
The situation leads to the pedestrian not getting a payout or getting a payout that is lower than it should be. The main pedestrian accident lawyers at Powell Law serve to ensure that pedestrians get justice. The team knows all the tactics that the insurance companies apply to deny injured pedestrians their rights.
Conclusion
Killing a jaywalker is a complicated incident that requires several investigations and variations. By law, the court is entitled to determine the party at fault and the charges involved in the case. Drivers and pedestrians should be careful while on the road and in following road safety regulations.
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