Getting hit by a car while crossing outside a designated crosswalk can be devastating. Many people assume that jaywalking automatically means you have no legal recourse—but in Connecticut, the answer is more complex. While jaywalking can affect your ability to recover compensation, it does not always eliminate it.

Below, we break down Connecticut’s laws on jaywalking, how fault is determined, and what options you may have if you are injured in such an accident.

Jaywalking Laws in Connecticut

In Connecticut, pedestrians are required to follow specific rules when crossing the road. This includes using marked crosswalks when available and obeying traffic control signals. State law also prohibits crossing against a traffic signal or stepping into the road when vehicles are too close to stop safely.

While “jaywalking” is not a formal legal term in Connecticut statutes, violations of pedestrian crossing rules fall under state traffic laws. Being cited for such a violation can be used as evidence that you contributed to the accident.

Connecticut’s Modified Comparative Negligence Rule

A key factor in whether you can file—and win—an injury claim after being hit while jaywalking is Connecticut’s modified comparative negligence law.

Under this rule, you are still able to recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.

Example:

If you are found 30% at fault for crossing mid-block and the driver is found 70% at fault for speeding, your $100,000 settlement would be reduced to $70,000.

If you are found 51% or more at fault, you cannot recover anything.

Factors That Determine Fault in a Jaywalking Accident

Even if you crossed outside a crosswalk, the driver still has a legal duty to exercise reasonable care. Fault in these cases often depends on the specific circumstances.

Driver Behavior

Courts and insurance companies will look at whether the driver was:

Pedestrian Actions

Your own actions will be examined, including:

  • Whether you suddenly stepped into traffic
  • Whether visibility was poor (nighttime, weather conditions)
  • Whether you ignored pedestrian signals or signs

Evidence That Can Impact Your Claim

The strength of your case depends heavily on the evidence presented. Some of the most valuable forms of proof include:

  • Police reports detailing the scene, witness statements, and citations issued
  • Traffic camera or surveillance footage showing the accident
  • Eyewitness testimony confirming driver negligence
  • Accident reconstruction reports from experts
  • Medical records linking your injuries to the crash

Because Connecticut’s comparative negligence standard is so fact-specific, gathering strong evidence is critical to counter claims that you were primarily at fault.

Common Injuries in Jaywalking Accidents

Pedestrians are vulnerable in collisions, even at low speeds. Injuries can range from moderate to life-threatening, including:

The cost of medical care, lost wages, and rehabilitation can be overwhelming, which is why pursuing a claim—if you qualify—is often essential for recovery.

How Insurance Companies Handle Jaywalking Claims

Insurance adjusters may try to deny or minimize payment by emphasizing that you crossed improperly. They might:

  • Claim you were entirely at fault
  • Offer a low settlement based on your perceived percentage of fault
  • Use gaps or inconsistencies in your statement to undermine your claim

This makes having a personal injury lawyer especially valuable. An attorney can challenge unfair fault assignments and negotiate for a settlement that accurately reflects both parties’ responsibility.

When the Driver May Still Be Fully Liable

Even if you were jaywalking, there are scenarios where the driver may still bear most or all of the responsibility. Examples include:

  • The driver was excessively speeding, making it impossible to avoid a collision
  • The driver was intoxicated
  • The area was poorly lit and the driver failed to use headlights
  • The driver ignored other traffic laws that directly led to the crash

Steps to Take After Being Hit While Jaywalking

If you are injured in a jaywalking-related accident in Connecticut, taking the right actions can make a significant difference in your case:

  1. Seek immediate medical care—Even if injuries seem minor, some conditions worsen over time.
  2. Call the police—A formal report is vital for establishing the facts.
  3. Collect evidence—Photographs of the scene, traffic signs, and road conditions can be valuable.
  4. Get witness contact information—Neutral witnesses can help clarify what happened.
  5. Avoid admitting fault—Anything you say can be used against you later.
  6. Contact a personal injury attorney—The sooner you get legal representation, the better your chances of building a strong claim.

Compensation You May Recover

If you meet Connecticut’s comparative negligence standard, you may be able to seek damages for:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Rehabilitation and therapy costs
  • Permanent disability or disfigurement

Your total recovery will be reduced by your percentage of fault, making accurate fault assessment vital.

Time Limits for Filing a Claim in Connecticut

Connecticut has a two-year statute of limitations for personal injury claims. If you miss this deadline, you lose your right to file a lawsuit, regardless of the case’s strength. For minors, the clock typically starts on their 18th birthday, giving them until age 20 to file.

Why Legal Representation Matters

Because jaywalking cases involve nuanced fault determinations, self-representation can put you at a disadvantage. A skilled Connecticut personal injury lawyer can:

  • Investigate the accident thoroughly
  • Work with accident reconstruction experts
  • Negotiate directly with insurance companies
  • Present your case persuasively in court, if necessary

Conclusion

Being hit while jaywalking in Connecticut does not automatically bar you from recovering damages. Under the state’s modified comparative negligence rule, you may still have a valid claim if you were 50% or less at fault. The key is building strong evidence to prove the driver’s responsibility outweighed yours.

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

Navigating Connecticut pedestrian accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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