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Who is at Fault in a Jaywalking Accident?

Writer: Pat PeganPat Pegan

Jaywalking, or crossing a street outside of a designated crosswalk, is a common occurrence in cities and towns across Massachusetts. However, many individuals may not realize that they can be held liable for their actions if they are involved in an accident while jaywalking. In this blog post, we will explore who is liable in a jaywalking case in Massachusetts and what steps you can take to protect yourself.


In Massachusetts, jaywalking is considered a form of negligence, which means that an individual who is found to be jaywalking can be held liable for any injuries or damages caused as a result of their actions. In a jaywalking accident, the pedestrian is typically considered to be the party at fault. This is because pedestrians are required to obey traffic laws and use designated crosswalks when crossing the street.


Crosswalk

However, it is important to note that the driver of the vehicle involved in the accident may also be held liable if they were found to be negligent in their actions. For example, if the driver was distracted, under the influence of drugs or alcohol, or disobeyed traffic laws, they may be found to be partially or fully liable for the accident. To protect yourself from liability in a jaywalking case, it is important to always obey traffic laws and use designated crosswalks when crossing the street.


Furthermore, the insurance company will likely use the fact that you were jaywalking to try to reduce or deny compensation for the accident, which is why it is very important to seek the guidance of an experienced Massachusetts personal injury attorney who can help you understand your rights and options, and act as an advocate on your behalf.


At Regan Law, my experienced team understands the complexities of jaywalking cases and can help you understand your rights and options. If you or someone you know has been involved in an accident while jaywalking in Massachusetts, call us at (978) 744-1220, or fill out our contact form to schedule a free case evaluation consultation with our team.

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