Can I File a Personal Injury Claim If I Was Jaywalking at the Time of the Accident?

If you get injured by a vehicle while you are crossing the street, you might think about making a personal injury claim. What happens if you were jaywalking though? Do you still have a chance to pursue compensation? You may, and a Darlington County, South Carolina pedestrian accident lawyer can help you figure out whether that is an option for you.

Does Jaywalking Make the Accident My Fault?

The problem with jaywalking is that it is illegal. Additionally, crossing the street at a point where you are not supposed to makes you at least partially at fault for the accident. This means that the accident has to be closely examined and investigated to determine who was more at fault for the accident occurring.

Sometimes a driver is doing something more neglectful, like speeding or driving while under the influence. That can increase their share of the blame. What you want to make sure of is that you are not seen as 51% or more responsible for the accident. Under South Carolina’s modified comparative negligence law, you would be unable to recover compensation if you were seen as mostly responsible for the accident.

How Can My Jaywalking Affect My Compensation?

If you are only seen as partially responsible, your share of the blame will directly affect the amount of compensation you will receive. Let’s say you go to trial and the verdict says that you should get $100,000. You were also determined to be 40% at fault though. This means that you only get 60% of that settlement, so $60,000.

Should I Get a Personal Injury Lawyer?

It can be difficult to win any personal injury case, but one like this can be particularly tricky. You are already going to have to take part of the blame here. Having an attorney on your side who can make the best possible argument on your behalf can be valuable. An attorney from our firm will help you fight for the compensation that you deserve.

What Should My Compensation Cover?

You might receive an initial settlement offer from an insurance company, but these first offers are rarely enough to really make up for the costs of an accident. A fair and reasonable compensation offer needs to make up for a lot of monetary costs as well as the mental and emotional pain and suffering that an accident can cause. Your final offer should help compensate you for:

• Lost wages
• Medical bills
• Mental anguish
• Lost earning potential
• Loss of enjoyment
• Property damages

Contact Our Law Firm Today

When you are ready to make your personal injury claim, contact the James Law Office. We can sit down and go over the facts of your case with you. If we think that it is possible to sue for damages, we will do everything that we can to help you build a case and pursue compensation.