Can I File a Lawsuit if I Was Jaywalking When I Was Hit as a Pedestrian?

Yes, you may still be able to file a lawsuit even though you were jaywalking. In Massachusetts, we follow a comparative negligence system. That means that even if you are found at fault, it would just be determined by the percentage that you could have been at fault. But that doesn’t automatically mean you can’t recover for your damages in such a case.

So even if you were jaywalking, the driver may still bear significant responsibilities, including if they were speeding, distracted, under the influence, or failure to exercise reasonable care. Those are all factors that look into the culpability and the amount at fault that they can be found. Each case depends on the specific circumstances, and it’s always worth having an attorney look at it so they can see what your compensation can be.