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I was crossing against the light (jaywalking) and was hit by a car. Since the driver could see me and should have avoided, can I still sue?
As you have no doubt realized, it is never a good idea to cross against the light. However, in your case, the court may find that the driver had the “last clear chance” to avoid the accident and therefore impose liability on the driver. You can expect, however, that your damages award may be decreased somewhat because you violated the law.
The amount your reward will be reduced is up to the jury or insurance adjuster. Some issues they may take into account include whether you reasonably could have believed that you had time to cross before a car came, and what other circumstances, such as impaired sight lines, contributed to the accident.
If the driver is held liable for your damages, you can expect your attorney to ask for reimbursement for medical expenses as well as for any time that you lost from work as a result of your injuries, damages for pain and suffering, and, if applicable, damages for your spouse or family members if they were without your companionship for any length of time. However, the value of your case will depend on the facts, the location, the amount of insurance coverage, the wealth of the driver, and the assets and insurance of anyone else in any way at least partially responsible – plus the skill of the attorney involved.
See our section on pain and suffering for a further discussion. |
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