Pedestrian safety remains a major concern across Vermont. Although drivers have a legal responsibility to watch for pedestrians, what happens if someone gets hit while crossing outside of a designated crosswalk? In Vermont, jaywalking isn't technically illegal—but that doesn't mean a pedestrian is free from responsibility. If you were hit while jaywalking, you may still have the right to pursue a personal injury claim, depending on the details of the accident.

Here's a breakdown of how fault, liability, and compensation play out in Vermont when a pedestrian gets struck while crossing outside the lines.

Is Jaywalking Illegal in Vermont?

Vermont doesn't have a specific statute that criminalizes jaywalking. Instead, pedestrian behavior is regulated under Title 23, Chapter 13 of Vermont's Motor Vehicle Laws. The law instructs pedestrians to use crosswalks when available and to yield to traffic when crossing elsewhere.

In short:

• Crossing at a marked or unmarked crosswalk is generally considered safer and more favorable under the law.
• Pedestrians can legally cross roads at locations without marked crosswalks, but they must yield to oncoming vehicles.

So while jaywalking in Vermont isn't a ticketable offense in most cases, it can impact liability in the event of a collision.

Understanding Liability: Vermont's Modified Comparative Negligence Rule

Vermont follows a modified comparative negligence system, which directly impacts personal injury claims—especially in cases involving jaywalking. Under this rule:

• An injured party can still recover damages if they were partially at fault as long as they were less than 51% responsible for the accident.
• However, any compensation awarded is reduced by the individual's percentage of fault.

Let's say a pedestrian crosses mid-block and is hit by a speeding driver. A court might assign 30% of the fault to the pedestrian for not using a crosswalk and 70% to the driver for driving too fast. If damages total $100,000, the pedestrian would be eligible to receive $70,000.

But if the pedestrian were found more than 50% responsible—say, they crossed against a traffic signal and the driver was going the speed limit—they would not be eligible for compensation at all.

When Can a Jaywalking Pedestrian Still File an Injury Claim?

Despite not using a crosswalk, a pedestrian hit by a vehicle may still have a valid injury claim under certain circumstances. Liability can shift to the driver if their actions were careless or reckless.

Here are examples where the pedestrian may still be eligible for compensation:

• Driver was speeding or distracted (texting, not watching the road)
• Driver failed to yield at an unmarked crosswalk or while turning
• Poor visibility wasn't a factor, and the driver should have seen the pedestrian
• The area lacked crosswalks, and the pedestrian took reasonable steps to cross safely

The key issue is whether the driver could reasonably avoid the collision and whether the pedestrian acted in a way that was predictably unsafe.

Evidence That Can Strengthen a Pedestrian's Case

Pedestrians injured while jaywalking must build a strong case showing the driver's fault outweighed their own. The following evidence can be useful:

• Traffic camera or surveillance footage showing how the collision occurred
• Witness statements describing the driver's speed or behavior
• Police accident reports indicating fault or contributing factors
• Driver's phone records in distracted driving cases
• Expert reconstruction analysis for complicated crash scenarios

Without strong evidence, insurers and defense attorneys may argue the pedestrian's actions caused or significantly contributed to the incident.

Common Injuries and Damages in Pedestrian Accidents

Pedestrian accidents often result in severe injuries, even at lower vehicle speeds. Common injuries include:

• Traumatic brain injuries (TBIs)
• Broken bones and fractures
• Spinal cord injuries
• Internal bleeding
• Permanent disfigurement or disability

Damages in these cases may include:

• Medical expenses (past and future)
• Lost income or earning capacity
• Pain and suffering
• Long-term rehabilitation
• Permanent impairment

Vermont does not cap damages in personal injury cases, meaning a seriously injured pedestrian may be entitled to substantial compensation if they can prove fault.

Insurance and Legal Challenges

Even if a pedestrian has a valid injury claim, the process of recovering compensation can be complex. Vermont is a fault-based state for auto insurance, so the driver's insurer is typically responsible for covering damages.

However, challenges often arise, such as:

• Insurers shifting blame to the pedestrian
• Low initial settlement offers that undervalue long-term injuries
• Contributory negligence disputes, especially when no crosswalk was used

Injured pedestrians should avoid giving recorded statements to insurers without legal representation. Even seemingly innocent comments can be used to reduce or deny claims.

What to Do After Getting Hit While Jaywalking

If you're struck while crossing the street, take these steps as soon as possible to protect your rights:

• Call 911 and seek immediate medical care
• Document the scene with photos or videos, if you're able
• Get witness information before they leave the area
• Request a copy of the police report
• Speak with a personal injury attorney before talking to insurance adjusters

Even if you think you were partially at fault, you may still have a valid claim worth pursuing.

Conclusion

Getting hit by a car while jaywalking in Vermont doesn't automatically bar you from recovering damages—but your ability to file a successful injury claim depends on how fault is assigned. Vermont's modified comparative negligence law means that even if you didn't use a crosswalk, you might still be entitled to compensation if the driver's actions were more reckless or negligent than your own.

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

Navigating a Personal Injury Claim in Vermont can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.

Contact us now for a free legal review.