What Happens if You’re Hit by a Car While Jaywalking in Massachusetts?

If you’ve been hit by a car while crossing the street outside a marked crosswalk, you might be wondering if you can still get compensation for your injuries. Many people assume that “jaywalking” automatically means you’re at fault. In Massachusetts, that’s not necessarily true.

Our state law understands that accidents are rarely black and white. You may still have a valid legal claim even if you weren’t in a crosswalk, especially if the driver was speeding, distracted, or otherwise driving carelessly or recklessly. To protect your rights, it’s important to understand how fault works here in Massachusetts and how the steps you take after an accident can make all the difference in protecting your rights. At The Law Offices of Gerald J. Noonan, our pedestrian accident lawyers have helped people recover compensation after being injured in all types of scenarios, including jaywalking cases. Here’s what you need to know.

Is jaywalking illegal in Massachusetts?

Massachusetts doesn’t use the word “jaywalking” in its statutes, but it does have laws about how pedestrians should cross the road. Under Massachusetts law, pedestrians are expected to use crosswalks when they are available and obey traffic signals.

That said, crossing outside of a crosswalk isn’t a criminal offense; it’s a civil infraction, and the fine is typically only $1. The bigger concern here isn’t the fine; it’s how crossing outside a crosswalk can affect your injury claim if you’re hit by a car.

About comparative negligence in Massachusetts

Massachusetts follows a modified comparative negligence rule. This means:

• You can still recover damages if you are less than 51% at fault for the accident.
• Your compensation will be reduced by your percentage of fault.

Here’s an example. If a jury finds you 30% responsible because you crossed mid-block, and your damages are $100,000, you could still recover $70,000.

So, even if you weren’t crossing where you “should” have been, the focus will be on whether the driver also acted negligently. If the driver was texting, speeding, or failed to yield when they reasonably could have avoided hitting you, they could share, or even carry most of, the fault.

Common scenarios where a jaywalker can still recover compensation

In our experience, drivers often bear at least some responsibility in pedestrian crashes, even if the pedestrian wasn’t in a crosswalk. Some examples include:

• If the driver was going over the speed limit, they had less time to see and react to you.
• Texting, looking at GPS, or eating behind the wheel can take a driver’s eyes off the road at the exact moment they needed to see you.
• Drivers still have a duty to use headlights, adjust speed for conditions, and keep a lookout, even in dark or rainy conditions.
• Even outside a crosswalk, drivers are expected to make reasonable efforts to avoid hitting pedestrians.

What should I do if I’m hit by a car while jaywalking?

If you’re physically able, the actions you take after a crash can help protect your health and strengthen your legal case. Try to do the following:

• Get medical attention right away. Pedestrian accidents often cause serious injuries, even at low speeds. Call 911 or have someone take you to the ER. Don’t try to “walk it off.”
• Call the police. A police report creates an official record of the accident, which will be vital when you file an insurance claim or lawsuit. Be honest about where you were crossing, but avoid making statements that assume fault.
• If you can, take photos or videos of the car and its license plate, the location where you crossed, skid marks or debris, and traffic signals and signage. Also, ask witnesses for their names and contact information.
• Save medical bills, pay stubs (to show lost wages), and any records of your pain and limitations.

Finally, contact a Brockton pedestrian accident lawyer. At The Law Offices of Gerald J. Noonan, we can investigate, gather evidence, and deal with the insurance companies on your behalf, which is especially important if fault is in dispute.

How do insurance companies handle jaywalking accidents?

Insurance adjusters may try to argue that you were entirely at fault simply because you weren’t in a crosswalk. Don’t be surprised if their first settlement offer is low or if they deny the claim altogether. This is where having a lawyer matters. Our attorneys can:

• Investigate the driver’s conduct and prior driving record
• Obtain surveillance footage from nearby businesses or traffic cameras
• Work with accident reconstruction experts
• Challenge unfair determinations of fault

Remember: under Massachusetts law, even if you were partly to blame, you may still be entitled to significant compensation.

What compensation am I entitled to after a jaywalking accident in Massachusetts?

If you were hit by a car while jaywalking, and the driver was at least partially at fault, you may be able to recover compensation for your:

• Medical bills (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Our pedestrian accident lawyers can calculate the full extent of your damages, so you don’t leave any money on the table.

Pedestrian accidents involving jaywalking can be complex. Fault isn’t always clear-cut, and the driver’s insurance company will likely push back hard. In these cases, the evidence you present and how you present it can make all the difference.

At The Law Offices of Gerald J. Noonan, we know Massachusetts pedestrian laws and how comparative negligence works in real life. We also understand the tactics insurance companies use to shift blame onto injured pedestrians. Our job is to make sure your story is told fully and fairly, and to fight for the compensation you deserve.

What is the statute of limitations in MA for personal injury cases?

In Massachusetts, you generally have three years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you lose your right to seek compensation. However, it’s always best to contact a lawyer as soon as possible so they can gather fresh evidence and speak with witnesses while memories are still clear.

Being hit by a car while crossing outside a crosswalk can make your case more complicated, but it doesn’t mean you can’t recover compensation. The key is determining each party’s share of fault under Massachusetts comparative negligence law.

If the driver could have avoided hitting you but failed to do so, you may still have a strong case. With the help of an experienced pedestrian accident lawyer, you can push back against unfair blame and focus on your recovery. Contact The Law Offices of Gerald J. Noonan today for a free, no-obligation consultation. Our team will review your case, explain your rights, and fight to secure the compensation you need to move forward. To schedule your free consultation, call our Brockton offices or fill out our contact form.