Can You File a Pedestrian Injury Claim If You Were Jaywalking in Alaska?

Getting hit by a car is one of the most traumatic things a person can experience, especially when it leads to serious injuries. If you were crossing the street outside of a marked crosswalk or against a signal, you may be wondering if that changes your legal rights. In Alaska, this is called jaywalking, and it's a common issue in pedestrian injury cases. 

The short answer is yes, you may still be able to file a personal injury claim, even if you were jaywalking when the accident happened. Your ability to recover damages depends on how fault is assigned under Alaska law, the details of the accident, and how the driver's actions may have contributed to the incident.

What Is Jaywalking and Why Does It Matter?

Jaywalking typically means crossing the street in violation of traffic laws. This includes crossing between intersections, outside a crosswalk, or against a red light. While jaywalking is a traffic violation, it is not a criminal offense. However, it can affect how fault is shared in a personal injury claim. Many people mistakenly believe that being outside a crosswalk automatically makes them 100% responsible for an accident. That’s not the case in Alaska. Even if you broke a pedestrian rule, the driver may still be held partially or mostly responsible. In fact, their negligence could outweigh yours.

Alaska’s Pure Comparative Fault Rule

Alaska follows a pure comparative fault system. This means you can still recover compensation for your injuries even if you were partly at fault. Your compensation will simply be reduced by your percentage of responsibility. Let’s say you were jaywalking and the driver was speeding. If a court finds you 30% at fault and the driver 70% at fault, you can still recover 70% of your total damages. If your total damages were $100,000, you would receive $70,000. The remaining $30,000 would be deducted due to your share of fault. This system allows injury victims to pursue claims, even when they made a mistake.

When You Can Still Have a Valid Claim

Jaywalking does not cancel out your legal rights. You may still have a strong claim, especially if the driver was behaving irresponsibly. Some common examples where a jaywalking pedestrian might still be eligible for compensation include:

• The driver was texting or distracted
• The driver was speeding through a neighborhood or city street
• The driver failed to yield or ran a stop sign
• The driver was under the influence of drugs or alcohol
• There were no safe crosswalks nearby
• You were already well into the street when the driver approached

Drivers are expected to exercise caution at all times, especially in areas where pedestrian activity is likely. A driver who fails to take reasonable steps to avoid hitting someone can still be found negligent even if the pedestrian was not following all the rules.

Damages You May Be Able to Recover

If you were injured in a pedestrian accident, you may be entitled to compensation for a range of damages. This can include:

• Medical expenses: Emergency care, hospital bills, surgery, therapy, and future medical costs
• Lost wages: Time missed from work while recovering
• Loss of future income: If you can no longer do the same job or work the same hours
• Pain and suffering: Physical discomfort, emotional distress, and reduced quality of life
• Property damage: Personal items damaged in the crash, like phones or clothing

Even if you were partially at fault, you can still recover a portion of these damages. An experienced pedestrian accident attorney can help calculate the total value of your claim and make sure the insurance company does not undervalue your case.

Steps to Take After a Pedestrian Accident

What you do after a pedestrian accident can significantly impact your case. Here are the most important steps to take:

• Call 911: Always report the accident to the police, even if injuries seem minor.
• Get medical attention: Visit a doctor or emergency room as soon as possible.
• Exchange information: Get the driver’s name, insurance info, and license plate number.
• Document the scene: Take photos or videos of the road, vehicle, and injuries.
• Talk to witnesses: Get names and contact info from anyone who saw the crash.
• Avoid admitting fault: Do not say anything that could be used against you later.
• Contact an attorney: Speak with a lawyer before talking to insurance adjusters.

Taking these steps early will make it easier to build a strong case and protect your right to compensation.

Let the Law Offices of Curtis W. Martin Help You

Being involved in a pedestrian accident is overwhelming, especially when you're dealing with painful injuries and trying to figure out what your legal options are. At the Law Offices of Curtis W. Martin, we’ve helped clients throughout Palmer, Alaska, recover compensation after serious injuries, even when they were partially at fault. We understand Alaska’s comparative fault laws, and we know how to push back when insurance companies try to blame pedestrians to avoid paying fair settlements. Our goal is to help you recover what you deserve so that you can focus on healing and moving forward with your life.

If you were hit by a car while jaywalking or crossing the street, contact us today for a free, no-obligation consultation. We’re ready to review your case and fight for your rights.