Being struck by a vehicle is a traumatic experience for any pedestrian. The physical and emotional toll can feel insurmountable, and the journey to healing is frequently lengthy and costly. But what happens if you were not in a designated crosswalk when the accident occurred? Many people believe that if they were jaywalking, they automatically forfeit their right to compensation. This assumption is a common and often costly misconception.

In Connecticut, the law is more nuanced than simply assigning 100% of the blame to one party. Even if you were jaywalking, you might still have a valid personal injury claim. The core of the issue revolves around a legal principle known as comparative negligence, which assesses the actions of everyone involved to determine fault.

This article will explain the complexities of pedestrian accident claims involving jaywalking in Connecticut. We will explore how fault is determined, what the law says about a pedestrian's and a driver's responsibilities, and how you can still potentially recover damages for your injuries. Understanding your rights is the first step toward securing the compensation you need to move forward.

What Constitutes Jaywalking in Connecticut?

To understand your rights after a pedestrian accident, it is important to first understand what the law considers "jaywalking." The term itself doesn't appear in Connecticut's statutes, but the regulations governing pedestrian behavior are clear. State law dictates that pedestrians must yield the right-of-way to vehicles when crossing a roadway at any point other than a marked or unmarked crosswalk.

Understanding Pedestrian Laws in Connecticut

Connecticut General Statutes § 14-300b requires pedestrians to use crosswalks where they are provided. If a crosswalk is not available, pedestrians must yield to all traffic. Furthermore, when crossing a road with a pedestrian-control signal (the "Walk" and "Don't Walk" signs), pedestrians must obey those signals.

Essentially, jaywalking in Connecticut refers to several specific actions:

  • Crossing a street between two intersections where traffic signals are in operation.
  • Crossing a street outside of a marked or unmarked crosswalk.
  • Failing to yield the right-of-way to vehicles when crossing outside a crosswalk.
  • Walking along a highway where a sidewalk is provided.

It is a common belief that if a pedestrian is guilty of any of these actions, they are automatically at fault for any resulting accident. However, the law also places significant responsibility on drivers to operate their vehicles safely and to watch out for pedestrians, regardless of where they are on the road.

CT Drivers Have a Duty of Care—Even if You Were Jaywalking

A driver's responsibility does not vanish just because a pedestrian is not in a crosswalk. All motorists have a legal "duty of care" to operate their vehicles in a reasonably safe manner to avoid harming others. This is a foundational principle in any pedestrian accident in Connecticut.

What Is a Driver's Duty of Care?

The duty of care for drivers includes, but is not limited to:

  • Maintaining a proper lookout: Drivers must be aware of their surroundings, which includes watching for pedestrians, cyclists, and other vehicles.
  • Controlling their speed: This means adhering to the speed limit and reducing speed for weather, traffic, or road conditions.
  • Yielding the right-of-way: Even outside of crosswalks, a driver who has a clear opportunity to avoid hitting a pedestrian is expected to do so.
  • Avoiding distractions: Texting, talking on the phone, or adjusting the radio can take a driver's attention off the road, with devastating consequences.

If a driver breaches this duty of care—for instance, by speeding, being distracted, or failing to see a pedestrian they reasonably should have seen—they can be found negligent. This negligence is a key factor when you file an injury claim, even if you were jaywalking.

Connecticut's Modified Comparative Negligence Rule

So, how do the courts balance the actions of a jaywalking pedestrian and a negligent driver? Connecticut follows a "modified comparative negligence" rule, as defined in General Statutes § 52-572h. This rule is the cornerstone of personal injury cases where both parties may share some level of fault.

How Comparative Negligence Works in a Pedestrian Accident in CT

Here is how the rule breaks down:

  1. Assigning Fault: The court (or insurance companies during settlement negotiations) will assign a percentage of fault to each party involved in the accident. For example, a jury might find that the pedestrian was 30% at fault for jaywalking, while the driver was 70% at fault for speeding and texting.
  2. The 51% Bar: A plaintiff (the injured person) can recover damages only if their percentage of fault is not greater than the combined fault of the defendant(s). In simpler terms, you can be found up to 50% responsible for your own injuries and still receive compensation. If your fault is determined to be 51% or more, you are barred from recovering anything.
  3. Reduced Compensation: If you are found partially at fault (but 50% or less), your total compensation award will be reduced by your percentage of fault. Using the example above, if your total damages were calculated to be $100,000, your final award would be reduced by your 30% of fault, resulting in a $70,000 recovery.

This system ensures that a simple mistake like jaywalking does not automatically prevent you from getting justice, especially when a driver's dangerous actions were the primary cause of the accident.

Factors That Determine Fault in a Jaywalking Case

Determining the percentages of fault is a fact-intensive process. A personal injury lawyer in CT will investigate every detail of the incident to build a strong case. Evidence used to establish fault can include

  • The Police Report: While not always admissible in court, the initial police report contains the officer's observations, witness statements, and a preliminary assessment of what happened.
  • Witness Testimony: Statements from anyone who saw the accident can provide an objective account of the events.
  • Video Footage: Surveillance cameras from nearby businesses or traffic cameras can offer indisputable evidence of the driver's and pedestrian's actions.
  • Accident Reconstruction Experts: In complex cases, an expert can reconstruct the accident scene to determine vehicle speed, lines of sight, and reaction times.
  • The Driver's Actions: Was the driver distracted? Intoxicated? Speeding? Did they have the last clear chance to avoid the collision?
  • The Pedestrian's Actions: How visible was the pedestrian? Were they wearing dark clothing at night? Did they dart out into traffic suddenly?
  • Location and Conditions: The time of day, weather conditions, and the specific location of the accident all play a role.

An experienced attorney knows how to gather and present this evidence to demonstrate that the driver's negligence was a greater contributing factor to your injuries than your decision to cross outside a crosswalk.

Can I File an Injury Claim If I Was Jaywalking? Yes, and Here’s Why

The answer is a definitive yes. You have the right to file a claim and seek compensation. The success of that claim will depend on proving that the driver was more at fault than you were.

Consider this scenario: A pedestrian crosses a four-lane road mid-block at night. They are wearing dark clothing. A car traveling 20 mph over the speed limit strikes them. While the pedestrian was jaywalking, the driver's excessive speed significantly reduced their ability to stop in time and dramatically increased the severity of the pedestrian's injuries. In this case, a court would likely assign a substantial portion of the fault to the driver.

The core of your case is not about proving you were blameless; it is about proving the driver was more to blame.

Damages You Can Recover in a Pedestrian Accident Claim

If your claim is successful, you can recover compensation for a wide range of losses, known as damages. These are typically categorized into economic and non-economic damages.

Economic Damages are tangible financial losses with a clear monetary value:

  • Medical Expenses: This includes everything from the initial emergency room visit and hospital stay to future surgeries, physical therapy, medication, and assistive devices.
  • Lost Wages: Compensation for the income you lost while unable to work during your recovery.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living in the future, you can be compensated for this loss.

Non-Economic Damages are intangible losses that do not have a specific price tag but are just as real:

  • Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
  • Emotional Anguish: This can include anxiety, depression, PTSD, and a general loss of enjoyment of life.
  • Permanent Scarring or Disfigurement: Compensation for the physical reminders of the accident.

A skilled personal injury lawyer in CT will work to calculate the full extent of your damages—both present and future—to ensure you seek a settlement or verdict that truly covers your needs.

Why You Need an Experienced Attorney

Navigating a pedestrian accident case in Connecticut is challenging, especially when jaywalking is a factor. Insurance companies are quick to use a pedestrian's partial fault as a reason to deny a claim or offer a lowball settlement. They may argue that because you were jaywalking, you were 100% responsible, hoping you are unaware of the state's comparative negligence laws.

An experienced attorney levels the playing field. They will:

  • Conduct a Thorough Investigation: Your lawyer will gather all the necessary evidence to build a compelling case that minimizes your fault and maximizes the driver's.
  • Handle the Insurance Companies: They will manage all communications with insurers, protecting you from tactics designed to weaken your claim.
  • Negotiate a Fair Settlement: Most personal injury cases are settled out of court. Your attorney will use their negotiation skills to fight for the maximum compensation you deserve.
  • Take Your Case to Trial: If the insurance company refuses to offer a fair settlement, a dedicated lawyer will be prepared to represent you in court.

Do not let an insurance adjuster convince you that you have no case. The law in Connecticut is designed to protect injured people, even those who may have made a mistake.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a loved one has been injured in a pedestrian accident, do not assume you are out of options just because you were jaywalking. The circumstances of every accident are unique, and you may be entitled to significant compensation. The legal team at Brandon J. Broderick, Attorney at Law, has extensive experience handling complex personal injury claims across Connecticut.

We understand the nuances of comparative negligence and know how to fight back against insurance company tactics. We are committed to holding negligent drivers accountable and securing the financial resources our clients need to recover and rebuild their lives.

Contact us today for a free, no-obligation consultation. We will listen to your story, evaluate your case, and explain your legal options. We are available to assist you day or night.


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