Even as a pedestrian, there are certain rules of the road that you must abide by. For one, you must not jaywalk and instead use the designated crosswalks when signaled to do so. And if you get injured while jaywalking, you may wonder if you are still eligible to recover damages. Continue reading to learn whether you can sue if you were jaywalking at the time of your accident and how an experienced Toronto pedestrian accident lawyer at Merricks Law Group, P.A. can walk you through your legal options.
Can I sue if I was jaywalking at the time of my pedestrian accident?
Even if you interfered with traffic at the time of your pedestrian accident, it may still be possible to become a plaintiff in a personal injury claim. This is thanks to Ontario’s contributory negligence law. This law holds that a plaintiff may still recover a portion of their damages even if they are found partly to blame for their injuries and damages.
For example, say that you are seeking $10,000 in damages. Then, say that the judge decides that you were 30 percent responsible due to your jaywalking. In this case, the judge may only award you 70 percent worth of the damages you are claiming, so $7,000.
This may still apply if you are found to be the majority to blame for your accident. So, you may still receive financial compensation if the judge finds you 51 percent or more responsible.
What arguments can I make for my personal injury claim?
You may have to admit that you were partially at fault for jaywalking at the time of your accident. But you may argue that another party was to blame, as well. For one, you may point to the negligence of a government entity if any of the following factors apply:
- There was overgrown vegetation that hindered your ability to see oncoming traffic.
- There was faded paint that hindered your ability to see the designated crosswalk.
- There was a defect within the traffic control signals that hindered your ability to determine when to cross the street.
- There was a lack of street lights that hindered a driver’s ability to see you crossing the street.
Or, you may emphasize the negligence of an automobile driver if any of the following circumstances are relevant:
- A driver was speeding or otherwise violating a traffic law at the time of your accident.
- A driver was under the influence of drugs/alcohol or otherwise fatigued at the time of your accident.
- A driver was texting while driving or otherwise distracted at the time of your accident.
You should not have to go through your personal injury claim proceedings alone. Rather, you should seek the assistance of a skilled Toronto auto accident lawyer from Merricks Law Group, P.A. Call our firm today.