If you were jaywalking and you got hit by a car, you may have legal options. Yes, you could be found partly to blame for causing the accident due to your own behavior, but this does not necessarily bar you from seeking compensation. It can be tough, but if you can show that another person was more to blame for the accident than you were then you may be able to sue for damages. Our experienced Hartford County pedestrian accident attorneys can take a closer look at your situation and help you figure out whether you have a case
Will Jaywalking Affect My Awards from a Personal Injury Case?
Connecticut follows a modified comparative negligence rule when it comes to cases like these. That means that the fault of both parties is looked at when someone decides to sue for damages. If someone’s portion of the fault is 50% or less, then they can sue for damages. If your fault is determined to be 51% or more, you are out of luck.
So let’s say that in a case like this, someone is jaywalking. They are partly to blame for the accident. However, the driver was driving while intoxicated. That is a far more dangerous action. The jaywalker is assigned 30% of the blame while the drunk driver gets 70%. This means that, if the jaywalker wins their suit, they would not be entitled to the entire proposed verdict. They would instead get 70% of it.
How Long Do I Have to Sue After an Accident?
In Connecticut, you have two years to take legal action if you believe that someone else caused you harm in an accident. If you try to sue after this statute of limitations expires, the court is likely to throw out your suit no matter how much evidence you have or how good of an argument you are prepared to make.
What Compensation Should I Receive After a Jaywalking Accident?
You should receive fair compensation after a pedestrian accident. An offer from the other party should help make up for:
- Past and future medical expenses
- Lost wages
- Any loss of earning potential
- Mental anguish
- Pain from disfigurement or disability
- Loss of enjoyment
How Can an Attorney Help Me?
Having an attorney can be particularly helpful in a case like this. You are going to be partially blamed for the accident, so you need to make sure that you have someone on your side who is ready to make the best possible case for you. If you fail to show that you are less than 51% responsible for the accident, you cannot recover any damages. An experienced attorney from our firm is ready to help you show why you deserve compensation.
Talk to Our Team Today
If you believe that you have a personal injury claim to make, do not waste any time. Contact the Law Offices of Marc N. Needelman and schedule a consultation. We can tell you if you have a viable case and how we can help you.
