I was jaywalking when I was struck by a car. I heard that the pedestrian crossing a street always has the right of way. Is this accurate?
Jaywalking – crossing a street at a location other than a designated crosswalk – is a violation of some states’ traffic laws. However, any jaywalking statute is rarely enforced. Violations of the law or of your state’s traffic code can be considered evidence of negligence (which can, in turn cause you to lose compensation or be precluded from seeking compensation altogether), but such violations are rarely conclusive and determinative evidence of fault or lack thereof. The facts concerning your act of jaywalking and your pedestrian injury will determine what effect, if any, your act of jaywalking will have on your case.