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

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two people crossing street

If you get injured by a car, you may think about suing for compensation. Can you still sue if you were doing something wrong though, like jaywalking? In cases like these, you could be seen as partly responsible for causing the accident. However, that does not necessarily mean that you cannot sue for compensation. Our New Jersey pedestrian accident lawyers can go over your case with you and see if you can pursue a personal injury case.

Is Jaywalking Illegal in New Jersey?

Jaywalking is against the law in New Jersey. You will rarely actually get a ticket for doing it, but this behavior could factor in if you decide to sue for compensation after an accident. This is because jaywalking is dangerous and puts pedestrians in places where they should not be.

In a crosswalk, the pedestrian has the right of way. On other parts of a road, the cars have the right of way. A pedestrian who just randomly walks or runs across the street is putting themselves in danger.

Can I Sue If I Am Partly to Blame for the Accident?

Fortunately, jaywalking does not make it impossible to sue for compensation though. Even if you are partly to blame for the accident occurring, you can pursue damages. How much your share of the blame is can end up affecting your winnings from a court case though.

New Jersey is a modified comparative negligence state. This means that the person who sues for damages must be less responsible for the accident than the person being sued. If you are 51% or more responsible, you cannot sue.

If you do win, your awards will be reduced based on how much of the blame you share for the accident. For example, if you were 40% to blame and you won $100,000, then you only keep 60% of that. So your final compensation would be $60,000.

Do I Need a Lawyer if I Was Jaywalking?

Having a lawyer by your side can be beneficial in most personal injury suits, but it can be especially important to have a lawyer when you are pursuing a case like this one. You are already going to be partially blamed for the accident due to your jaywalking. You need an attorney who can examine the evidence, make a forceful argument on your behalf, and defend you from any other accusations of wrongdoing.

Schedule a Consultation Today

If you think that you have a personal injury case, contact Rubenstein, Berliner & Shinrod, LLC. We can schedule a consultation and take a closer look at your claim. If we think that there is a chance to recover damages, we will help you fight for the compensation that you deserve.

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