Pedestrian accidents typically result in injury. If you’ve been hit as a pedestrian, you may be able to pursue a personal injury claim. However, if you are hit while jaywalking, you may wonder whether or not contacting a personal injury attorney is still worth the effort or not. It is possible for the pedestrian to be at fault in accidents, after all. That said, you may still be able to sue if you were hit while jaywalking.

Here are some basic facts about jaywalking and what can be done if you are hit while jaywalking. As with all of our blogs, this does not constitute legal advice. If you would like legal advice, you will need to contact a personal injury attorney near you. 

About Jaywalking

Jaywalking is when a pedestrian crosses the street illegally or without following designated crosswalks. Many people don’t realize they are breaking the law when they jaywalk, and in certain areas, it may be commonplace for pedestrians to cut across the road where they’re not supposed to.

However, jaywalking is illegal because it presents a safety hazard to the pedestrian themselves and to everyone else on the road. If you get hit while jaywalking, you are more likely to at least share fault with the driver over the accident, as opposed to if you had been hit while crossing a crosswalk.

Why Do People Jaywalk?

As previously mentioned, people may not even realize they’re doing something illegal when they jaywalk, especially if they live somewhere where people do it all the time. People typically jaywalk out of convenience, as they’d rather just cut across the road from where they are, rather than going to the crosswalk to cross. This is especially true if pedestrians feel like the nearest crosswalk is too far away. 

Another reason why people may jaywalk and get hit while jaywalking is because they’re distracted. Even if you’re crossing the road legally, you’re still expected to be aware of your surroundings and take reasonable precautions to avoid getting into an accident. For example, if you are hit while you have earbuds in and didn’t look before crossing the street, you could be found to have contributed to the accident through negligence. 

Another reason why people may get hit while jaywalking is because they are under the influence. As such, they may not be aware of their surroundings and / or make poor decisions.

Why Jaywalking Is Bad

Laws concerning jaywalking vary from state to state, but it’s typically illegal to do so, unless a pedestrian must to avoid danger. Fines and other such penalties may apply to those found guilty of jaywalking. However, there are cases where regulations may vary, such as around school zones or hospitals, in order to protect those who may be more vulnerable to accidents. 

While jaywalking may not seem like a big deal, it puts both yourself and everyone else on the road at increased risk. It is dangerous, and if you are hit while jaywalking, you may be found to have shared fault in the accident. Drivers may swerve to avoid hitting jaywalkers, which can cause car accidents and injury to the driver. 

Who is At Fault If You Are Hit While Jaywalking?

Determining fault in any accident can be a complicated process that depends on local laws and regulations and the various factors at play in the accident. In some circumstances, you may still be able to sue the driver if you were hit while jaywalking. 

It is possible for the pedestrian to be at fault or share fault if they were hit while jaywalking. The driver is likely to have at least partial fault in the case, as drivers must be constantly aware of the road, and it is illegal to hit pedestrians. An attorney would be able to tell you whether or not you have a case on your hands and how much fault you may have had in the accident. 

Do You Need A Personal Injury Attorney? 

LeBaron & Jensen provides personal injury representation to victims of accidents in Northern Utah. If you would like to know whether or not you have a personal injury case on your hands and are seeking potential representation, don’t hesitate to contact our office. We offer free case consultations. If you have a case and we take it on, you don’t have to worry about paying us anything until we win your case for you.

To learn more about our services or to schedule a case consultation, please don’t hesitate to contact us today.

These days, sharing your life on social media is second nature for many people and not something people think much of. As such, if you’re injured because of someone else’s negligence, you may want to post about it. After all, it’s always nice to get sympathy from others.

However, you’ll want to think twice about posting about your situation if you’re pursuing a personal injury claim. Social media can undercut your claim, giving the defense fodder to question your credibility and the amount of damages owed to you. 

Here are some basics you should know about how social media can impact your personal injury claim. As is the case with all of our blogs, this is just general information that may or may not apply to your case and cannot be taken as legal advice. If you would like legal advice on your specific situation, contact a lawyer to schedule a consultation. 

How To Use Social Media During A Personal Injury Case

It is best to stay off of social media and refrain from posting until the case is resolved. Anything you say or depict can be used against you. 

For instance, if you post about the accident and assure your loved ones that you’re fine, but you also filed a personal injury claim… “I’m fine” doesn’t lend itself well to that. 

If you post yourself taking part in any activities, the defense may also use this against you. For instance, if you say your leg was hurt but you post a picture from a hike, they may say that your leg mustn’t really hurt that bad then. 

As such, it’s best to take a social media hiatus. You can show your social media accounts to your lawyer and ask for their guidance if you’re worried about how anything may impact your case.

Private Vs Public Profiles

If you have a public profile, it’s easy for the defense to see what you’ve been posting. If you have a private profile, you may get new follow or friend requests – unless you’re sure you know the person, hold off on accepting any until the case is closed.

Just because your profile is private or you switched it to private does not mean that you can post anything you want, though. Opposing lawyers can ask for discovery requests and courts can order you to show your socials.

Avoid deleting profiles or any posts. While you may think you’re doing yourself a favor, what this actually does is raise suspicion that you have something to hide. Some courts can also deem this “spoliation of evidence”. Also, anything you delete may be uncovered by court order. 

Social Media Posts Can Be Subject To Discovery Requests Or Court Orders

As previously mentioned, even if you have private social media accounts, the opposing lawyer can still ask for printouts of your social media activity as part of their discovery process. If you do not want to produce the information the opposing party is asking for and the opposing side can show good cause, you may be court ordered to produce information from your socials. 

The court may also order you to reactivate deactivated accounts. If you deleted your accounts, subpoenas may provide information from servers that store social media data, depending on how long the data is retained. 

How Social Media Can Hurt Your Case

We’ve touched on how social media can hurt your case above. The connections lawyers can make between your posts and your case can be far more than you expect. Some of the ways beyond what was mentioned above in how socials can hurt your case include the following:

• Posts about drinking and high risk activities may be used to argue that you had a role in your accident.
• Pictures of you smiling, talking about how grateful you are for things, pointing out the good, posting motivational quotes, and the like can all be used to dispute loss of enjoyment in life. 
• Posts about hauls, recent purchases, recent projects, affiliate links, and more can all be used to dispute a loss of wages or earning capacity. 
• And so much more.

Even if you think your post or your comment on someone else’s post may help your case, it could end up doing the opposite. 

Do You Need Help With Your Personal Injury Claim?

LeBaron & Jensen is here to help. Contact our office to schedule a case consultation and let our experienced attorneys provide you with the expert advice you need to help your case. 

If someone’s in your blind spot and you get into an accident, you may wonder who is at fault. Is it yours, because it was your blindspot? Or is it theirs, because you couldn’t see them? 

Like any other type of personal injury case, determining liability in blind spot accidents can be challenging. A personal injury attorney will be able to help you with your case. That said, here’s some basic information about blind spot accidents, factors involved with determining fault, and tips to reduce your likelihood of being in such an accident. 

About Blind Spot Accidents

The National Highway Traffic Safety Administration (NHTSA) has reported an estimated 840,000 blind spot accidents in the United States each year, with approximately 300 fatalities. 

Your blind spot is the area that you cannot see with your mirrors or eyes while driving, aside from turning your head and looking away from the road ahead. These types of accidents occur when one or multiple drivers fail to notice another vehicle in their blind spot and collide. 

In many cases, these crashes involve large trucks, as the bigger the vehicle, the bigger the blind spot. However, any vehicle is susceptible to these types of accidents. 

Common Causes Of Blind Spot Accidents

There are a few common causes of blind spot accidents.

• Lane changes. This is the most common cause of blind spot accidents. If a driver is negligent and fails to check their side mirrors and blind spots before changing lanes, they can get into an accident.
• Merging. Merging onto highways often involves accelerating at high speeds. You must be very careful of your blindspots when merging. The bigger your vehicle, the more mindful you need to be.
• Reversing. When you’re backing up, you could accidentally hit someone passing by. While newer cars have rear-view cameras to help avoid this, you still must be very careful to avoid hitting another car, pedestrian, or cyclist.

Determining Fault With Blind Spots

In most cases, the driver who had the blind spot is found to be at-fault for blind spot accidents. However, this is not always the case. It comes down to negligence and violation of traffic laws.

If a blind spot accident occurs while a driver is changing lanes, they will likely be the at-fault party, as they did not have the right-of-way. However, if two vehicles were merging into the same lane at the same lane, fault can be harder to determine. This usually depends on which driver began merging first. 

There will be an investigation and review of the evidence in order to determine fault. In order to prove fault and obtain compensation, you need to be able to show that the other driver’s negligence is what resulted in the accident.

Do Blind Spot Monitors Help Reduce Accidents?

Yes, blind spot monitors do help reduce accidents, but they are not foolproof. They usually have a minimum speed that they can detect other vehicles at. They can also have a maximum speed, which means if someone speeds, it might not detect the vehicle. Blind spot monitors can also struggle to detect smaller vehicles, such as motorcycles. 

As such, even if your car has blind spot monitors, you still need to be mindful of your blind spots and check them in order to avoid accidents.

Tips To Reduce Your Likelihood Of Being In A Blind Spot Accident

Avoiding accidents is a two-way street. Yes, you need to do everything you can to follow traffic laws and drive safely. However, other drivers on the road must also do the same thing in order to prevent accidents. That said, here are some tips to reduce your likelihood of being in an accident.

• Check your blind spots before changing lanes, merging, or backing up.
• Be aware of other vehicles’ blind spots. The bigger the vehicle, the bigger their blind spots. 
• Adjust your mirrors so they are in the correct position before heading out. 
• Use a blind spot warning system. While not foolproof, they can help.
• Keep a distance. Don’t cut it close when changing lanes or merging and be sure not to tailgate.
• Keep your windows clear.
• Assume that other drivers cannot see you. 

Were You Injured In A Blind Spot Accident?

LeBaron & Jensen provides representation for injured victims of other people’s negligence. If you were injured because someone else was negligent and you were in a blind spot accident, you may be eligible for compensation. Contact us today to schedule a case consultation.