Struck by a Car While Jaywalking in Tampa: Can I Still Sue?

According to a recent report by the Tampa Bay Times, Tampa is one of the deadliest cities in the country for pedestrians. Over a five year period between 2018 and 2022, almost 600 people died. This equates to more than 100 people per year, and many of these victims were not at fault for their own deaths. In other words, they had the right of way. However, it is important to remember that even deaths and injuries suffered by so-called “jaywalkers” are still tragic. Can you file a pedestrian accident lawsuit in Tampa if you were jaywalking at the time of the collision?

The First Step Is to Determine Whether You Were Actually Jaywalking

Jaywalking is an extremely vague term, and it may encompass many offenses. Pedestrians may be confused about the exact legal definition of jaywalking, and it makes sense to confirm whether you were actually committing this offense at the time of your accident. Even if you are under the impression that you were jaywalking, you may be wrong.

Sometimes, crossing a street outside of a marked crosswalk is legal. This is true when there are no other easily accessible ways to cross the street. For example, construction on both sides of the sidewalk might prevent you from going any other direction, and you might have been forced to dash across a road. There are many other circumstances in which jaywalking might be legal, and you may want to discuss your unique situation with a personal injury lawyer.

These legal professionals can help you confirm whether you were jaywalking. From there, you can assess your next potential steps and pursue the compensation you deserve.

Jaywalking Does Not Necessarily Prevent You From Seeking Compensation 

Even if you were jaywalking at the time of your accident, this doesn’t necessarily prevent you from pursuing compensation. Florida is a comparative negligence state, which means you can file a lawsuit even if you are partially responsible for your own injuries. As a “modified” comparative negligence state, Florida prevents you from suing if you were more than 50% responsible for your accident.

An experienced personal injury lawyer may be able to downplay your contributions to the accidents while highlighting the negligence of the driver who struck you. For example, your lawyer might point out that the driver who struck you was intoxicated, distracted, or sleep-deprived. They may have been speeding, and they may have failed to do enough to avoid hitting you.

Can a Tampa Pedestrian Accident Lawyer Help Me? 

A pedestrian accident lawyer in Tampa may be able to help if you were struck by a vehicle while jaywalking. Although this may affect your right to pursue compensation, you shouldn’t dismiss your chances of justice just because you did not have the right of way. Speak with a lawyer to assess your legal options in more detail, and consider continuing this conversation alongside Anderson & Anderson today.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.130.html