Jaywalking Fines and Personal Injury Claims
Section 125(5) of the Motor Vehicle Act in Nova Scotia states: A pedestrian crossing a roadway at any point other than within a crosswalk shall yield the right of way to vehicles upon the roadway. A few years ago, the province also implemented a fine for $697.00 for pedestrians caught jaywalking. Due to these measures, many assume jaywalkers will automatically be deemed at fault for a collision when the car insurance is involved.
If you’ve been injured while jaywalking, whether you’ve been given a fine or not, you probably assume you do not have a right to compensation for your injuries. The insurance company may tell you that you are at fault for the accident under the law. However, this is not always the case.
In a civil lawsuit, when bringing a claim for personal injury, the actions of both the pedestrian and driver are considered. Every circumstance is different. A jaywalking pedestrian may be deemed to have been acting reasonably in the circumstances while the driver, who under the Motor Vehicle Act may have been assumed to have the right of way, could be deemed to be acting unreasonably. For example, the driver may be texting, speeding, or looking down to change the radio station when the impact occurs. Often times, an accident reconstruction may be required to prove the driver of the vehicle should be deemed at fault or partially at fault for the accident involving a jaywalker.
Here at Wagners, we have successfully brought claims against drivers where our clients have been injured when jaywalking. We would be happy to walk you through your options at no charge to you. If you have been injured while jaywalking, feel free to give us a call at 902-425-7330.