You got hit by a car while crossing outside a crosswalk. Now you’re dealing with injuries and mounting medical bills. Many people in this situation ask: “Can I even file a claim when I wasn’t supposed to be crossing there?” It’s complicated, and the answer depends on where the accident happened and how the law views shared fault.
How Maryland Handles Jaywalking Cases
Maryland uses one of the harshest legal standards you’ll find anywhere. It’s called contributory negligence, and it’s extremely tough. If you’re even 1% responsible for your accident, you can’t recover a single dollar in compensation. That means jaywalking can completely sink your claim if the insurance company proves you contributed to what happened.
What most people don’t realize is that drivers still have to watch for pedestrians, even when those pedestrians are crossing illegally. If the driver was speeding, texting, or behaving recklessly, you might still have a case. The real question becomes whether your jaywalking directly caused the accident or if the driver’s negligence would’ve resulted in a collision, no matter where you crossed.
Virginia’s Approach To Pedestrian Fault
Virginia also follows contributory negligence rules, making recovery just as difficult when you’re jaywalking. Courts do look at the specific circumstances, though. A Rose Hill Pedestrian Accident Lawyer can determine whether the driver had the last clear chance to avoid hitting you. That doctrine might save your claim even when you crossed improperly.
What Factors Courts Consider
When you’re struck while jaywalking, several things determine whether you can get compensation:
- Was the driver distracted, drunk, or speeding
- Visibility conditions when the accident occurred
- How far were you from the nearest crosswalk
- Traffic patterns and road design in that specific area
- Whether the driver had enough time to stop
Crossing mid‑block on a quiet residential street with no crosswalk nearby looks very different than darting across a busy highway. Context matters enormously.
The Last Clear Chance Doctrine
This legal principle can rescue your case sometimes. If the driver saw you crossing and had sufficient time to stop but didn’t, they might still be liable despite your jaywalking. The law recognizes that drivers can’t just plow into pedestrians because those pedestrians made a mistake. Someone’s error doesn’t permit another person to cause harm when they could’ve prevented it.
Why Insurance Companies Focus On Jaywalking
Defense lawyers and insurance adjusters will dig deep into whether you were in a crosswalk. They know it gives them serious leverage to deny your claim entirely. They’ll grab police reports, hunt down witnesses, and review every piece of video footage they can find. Anything showing you crossed illegally becomes a weapon against you. That doesn’t mean you’re out of options. A thorough investigation might reveal the driver was equally at fault or worse. Maybe they were scrolling through their phone. Maybe they ran a red light or were driving recklessly through the area. Your actions might’ve been technically illegal, but the driver’s negligence could’ve been the primary cause of the collision.
Building A Strong Case Despite Jaywalking
Documentation becomes absolutely vital when fault is divided up. Witness statements matter. Accident scene photos matter. Expert reconstruction can demonstrate that the driver’s negligence outweighed your improper crossing. Your medical records showing severe injuries also carry weight because they reveal the real‑world consequences of the driver’s actions.
Working with Antezana & Antezana, LLC. means you’re getting attorneys who know how to counter jaywalking arguments. They understand which evidence to collect and how to frame your case most favorably.
When Jaywalking Doesn’t Destroy Your Claim
Some situations clearly point to the driver’s fault, no matter where you were crossing. If the driver was drunk, fled the scene, or was operating a vehicle with a suspended license, their egregious behavior might completely overshadow your improper crossing. Courts recognize that certain driver actions are so reckless that pedestrian fault becomes almost irrelevant.
Weather conditions can shift blame, too. So can poor lighting. Vehicle malfunctions definitely matter. If the driver’s brakes failed or they couldn’t see because of broken headlights, your jaywalking becomes far less relevant to what actually caused the accident.
Plenty of injured pedestrians never consult an attorney because they know they were jaywalking and assume they’ve got nothing. This assumption costs them potential compensation they might’ve been entitled to receive. A Rose Hill Pedestrian Accident Lawyer can review what actually happened and determine whether pursuing compensation makes sense. Even in tough situations, legal options might exist that you haven’t thought about. Your injuries deserve a professional evaluation regardless of where you were crossing when that car hit you. Contact us today to evaluate your case.