Although the court may not award damages for pedestrian injuries, the judge will consider whether the negligence of the driver was excessive. If the driver was driving at excessive speed and hit the pedestrian, the judge may award the pedestrian 40% of the damages while the motorist was 60% at fault. In such cases, the driver can be found guilty of a lesser amount of negligence. Jaywalker v Reckless Driver
How To Know Jaywalker v Reckless Driver
The fault of a pedestrian is determined by the jury, which weighs the evidence, listens to expert testimony, and applies the law to determine who is at fault. A juror may be able to award the jaywalker compensation if he was 50% at fault for the accident. But a driver who was not at fault is not liable for the jaywalker’s injuries, as long as the negligence of the motorist caused the accident.
In a case of Jaywalker v. Reckless Driver, a pedestrian has a strong legal case against a negligent driver. Jaywalking is illegal in many states, but it doesn’t relieve a driver of their duty to exercise due care. Drivers must stop and yield to pedestrians who have the right-of-way or time to stop. Moreover, the driver’s negligence must be proven in court to prevent a pedestrian from suffering injury or even death. While Texas uses modified comparative negligence, a plaintiff cannot recover if they are 51% at fault for the accident.