Pedestrian accidents can be legally complicated, especially when the person injured was crossing the street outside of a designated crosswalk. While jaywalking is not outright illegal in Massachusetts, it can influence how liability is determined in an accident. If you were hit while jaywalking, you may still have the right to file an injury claim—but your ability to recover compensation depends on how fault is assigned under the state’s comparative negligence laws.

Understanding how pedestrian and driver responsibilities factor into these cases is essential when seeking compensation after a collision.

What Is Considered Jaywalking in Massachusetts?

Jaywalking refers to crossing a road at an undesignated area, such as mid-block, or ignoring pedestrian signals at an intersection. While Massachusetts does not impose severe penalties for jaywalking, pedestrians are expected to yield to vehicles when they are outside of marked crosswalks.

According to Massachusetts General Laws Chapter 90, Section 18A, pedestrians should not step into traffic when approaching vehicles do not have enough time to stop safely. However, this does not mean a pedestrian is automatically at fault if struck. Liability depends on the circumstances that surround the accident.

How Comparative Negligence Affects Injury Claims in Massachusetts

Massachusetts follows a modified comparative negligence system under M.G.L. c. 231, § 85. This means that an injured party is still able recover damages even if they were partially at fault for the accident. However, if their level of fault is greater than 50%, they cannot recover any compensation.

If a pedestrian is found to be less than 50% at fault, their settlement or court award is be reduced based on their percentage of liability. For example:

• If the total damages amount to $100,000, and the pedestrian is found to be 30% at fault, they would receive $70,000 after the reduction.
• If the pedestrian is 51% or more at fault, they will be barred from receiving any compensation.

Determining Fault in a Jaywalking Accident

Every pedestrian accident is evaluated based on its unique circumstances. Several factors influence how fault is determined:

1. Driver’s Responsibility

Even if a pedestrian was jaywalking, the driver may still bear responsibility if they were negligent. A driver may be found at fault if they:

• Were speeding and unable to stop in time.
• Failed to yield to pedestrians in a marked crosswalk.
• Were distracted (e.g., texting, adjusting GPS, or talking on the phone).
• Were under the influence of alcohol or drugs, impairing their reaction time.

2. Pedestrian’s Responsibility

A pedestrian’s actions also factor into fault determination. A pedestrian may be partially liable if they:

• Entered traffic suddenly, leaving a driver no time to react.
• Ignored a “Do Not Walk” signal or crossed against a red light.
• Were distracted (e.g., using their phone or wearing headphones) and failed to check for oncoming traffic.

3. Road and Environmental Conditions

The conditions at the time of the accident can also play a role. Factors such as low visibility, poor lighting, heavy traffic, and adverse weather conditions may impact how much fault is assigned to each party.

What to Do After Being Hit While Jaywalking

If you were struck by a vehicle while crossing outside a designated crosswalk, taking the right steps can protect your ability to file a claim:

1. Seek Medical Attention – Even if you feel ok, some injuries may not be immediately noticeable. A medical report will also be critical evidence.
2. Document the Scene – Take photos and videos of the accident location, traffic signals, vehicle damage, and any visible injuries.
3. Obtain Witness Statements – If anyone saw the accident, their account could help establish liability.
4. Request a Police Report – The official accident report may contain details about who was cited for any traffic violations.
5. Consult a Personal Injury Attorney – A lawyer can assess your case and negotiate with insurance companies to seek fair compensation.

Compensation Available in a Jaywalking Injury Claim

If a jaywalking pedestrian successfully files a claim, they may be entitled to various forms of compensation, including:

• Medical Expenses – Coverage for emergency care, hospitalization, surgeries, physical therapy, and ongoing treatment.
• Lost Income – If injuries prevent the pedestrian from working, they may recover wages lost during recovery.
• Pain and Suffering – Compensation for emotional distress, trauma, and reduced quality of life.
• Permanent Disability – If the accident results in long-term impairment, damages may include future medical costs and loss of earning potential.

The final amount depends on the extent of injuries, liability percentage, and available insurance coverage.

Can You Still File a Claim If the Driver Was Not at Fault?

In some cases, the driver may not be considered negligent. If a pedestrian darted into traffic or crossed a busy highway without checking for vehicles, proving driver liability may be difficult. However, pedestrians may still have financial options, including:

• Personal Injury Protection (PIP): Since Massachusetts is a no-fault state, injured pedestrians can file a claim under their own auto insurance PIP coverage for medical bills and lost wages.
• Health Insurance: If PIP benefits are insufficient, a pedestrian’s health insurance policy may help cover additional medical expenses.
• Uninsured Motorist Coverage: If the driver fled the scene or was uninsured, a pedestrian may file a claim under their own uninsured motorist policy (if applicable).

Conclusion

Jaywalking does not automatically disqualify an injured pedestrian from filing a personal injury claim in Massachusetts. Comparative negligence laws allow claims as long as the pedestrian is not more than 50% at fault. If a driver acted negligently—by speeding, driving distracted, or violating traffic laws—the injured party may still recover compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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