If I was hit crossing the street illegally do I still have a claim as a pedestrian?


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Question:

If I was hit crossing the street illegally do I still have a claim as a pedestrian?

Answer:

Whether or not you will have a claim for a pedestrian accident when you were crossing the street illegally will depend on whether your actions were a contributing factor for the accident or not. The key to determining whether a car accident claim will be successful or not is determining who was negligent and who was responsible for the accident. If you were walking across the street opposite the light and a car saw you and decided not to stop and hit you, then it wouldn't really matter that you were crossing the street illegally since it would still be negligent for the driver to have seen you and hit you. However, if you ran out in front of the car who was driving legally, not speeding and obeying all the rules of the road, then it wouldn't make sense to hold that driver responsible.

In some instances, there is not one party who was clearly the one at fault. Perhaps your illegal crossing contributed to the accident, but the driver's speeding also contributed because had he been driving within the legal limit he would have had time to stop. In such instances, you might still be able to make a claim for part of your damages. Whether you can is going to depend on the rules and on how much fault is your own. In some instances, if you were more than 50 percent responsible, you can't sue. In other states, if the other party was even one percent responsible, you can make a claim to collect one percent of your damages. 

To determine whether you can make a claim or not based on your circumstances, consult with your lawyer as soon as you can. 

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