Am I At-Fault If I Hit A Jaywalking Pedestrian And My Windshield Is Cracked?

Many car accidents have multiple causes and more than one party is at fault. In those cases, accident claims can become complex. For instance, a driver whose car has a cracked windshield may hit a jaywalking pedestrian. Who is liable for paying damages?

An investigation of the collision determines fault and, therefore, who is responsible for paying compensation to injured victims. However, liable insurance companies often attempt to place blame unfairly. Many people turn to a competent car accident attorney from Fielding Law for assistance.

What Is Negligence?

Negligence is the basis for the majority of personal injury claims, including pedestrian and car accident claims. Everyone who uses streets, roads, and highways has a duty of care to exercise reasonable caution in order to reduce the risk of causing an accident.

Anyone who fails to fulfill their duty of care, either intentionally or accidentally, may be guilty of negligence. To prove negligence, your attorney will show that:

• Someone has a duty of care
• That person breached their duty of care
• The breach caused an accident
• The accident caused injuries or other damages

Pedestrians and cyclists, as well as those driving motor vehicles, can be guilty of negligence.

How Are Drivers Negligent?

Unfortunately, many drivers sometimes exhibit some form of negligence, and that negligence often causes accidents. Examples include:

• Speeding
• Failing to yield the right of way
• Reckless or aggressive driving
• Driving under the influence of alcohol, drugs, or fatigue
• Failing to follow traffic laws
• Distracted driving

Negligence extends further than your behaviors while driving. Your vehicle should also be properly maintained so it’s safe to drive. For example, you must:

• Replace burned-out headlights and brake lights
• Ensure that your brakes work
• Repair or replace glass if it violates vehicle equipment regulations

Although these repairs may be expensive, causing an accident because you didn’t make them will likely cost much more.

What Is Distracted Driving?

Distractions take a driver’s hands away from the steering wheel or focus away from the road. Common distractions are:

• Eating, drinking, and smoking
• Putting on makeup or other grooming activities
• Hands-on use of a cell phone or other device
• Daydreaming
• Interacting with passengers

Pedestrians are often distracted by many of these same activities. They may not realize that they need to stop before crossing a street, for instance.

What Is Jaywalking?

You may think that pedestrians always have the right of way, but that’s not always the case. Pedestrians can cause car accidents if they are distracted or otherwise fail to uphold their duty of care. Laws that pedestrians must follow in each state vary.

Generally speaking, pedestrians must cross streets in specific ways at certain places. For example, they should use crosswalks and follow WALK/ DON’T WALK signals. Pedestrians shouldn’t cross a street in a diagonal path. Those who cross without adhering to local requirements are guilty of jaywalking, which is negligent behavior.

In addition, pedestrians must pay attention to traffic. They should not begin to cross a street directly in the path of oncoming cars.

Is It Negligent To Drive a Car With a Cracked Windshield?

Some states make driving with any chip or crack on your windshield illegal, but most allow minor imperfections as long as they don’t violate federal guidelines. Check the laws in your state to ensure that you don’t drive illegally.

Car owners in every state must adhere to federal regulations regarding cracked or chipped windshields:

• Regulations allow chips or cracks as long as they’re smaller than ¾ inch in diameter and at least 3 inches apart.
• No cracks or chips can be in the driver’s critical vision area, which is directly over the steering wheel (one inch from the sides and two inches from the top.)

Failing to repair or replace a cracked or chipped windshield that violates regulations is negligent behavior, which can make you liable for damages if you cause a car accident.

What If You Have Cracks in Your Windshield and Hit a Jaywalking Pedestrian?

Each state, even local jurisdictions, has its own laws. What’s legal in one area may be illegal in another. Ask your Fielding Law attorney which laws apply to your accident.

Say that Alice is jaywalking and Jim is driving a car that has a cracked windshield. Jim hits Alice. Who is liable? Both Jim and Alice are probably partially to blame, but other factors must also be considered before assigning the percentage of fault. Some pertinent questions are as follows:

• Did the crack in the windshield obstruct Jim’s critical vision area?
• Is driving with windshield damage illegal in the state where the accident occurred?
• Was Jim driving negligently?
• Could Alice see Jim’s car before she started crossing the street?
• Was Alice negligent in more ways?
• Were there other factors involved, such as inclement weather or potholes in the road?

If Jim was driving a commercial vehicle or there was any kind of government involvement — such as Jim driving a government-owned car or poorly maintained roads that contributed to causing the collision — the accident claim will likely be more complicated. Some of these complications are:

• Commercial vehicles: there are many parties who may be liable, including the driver, the employer, vehicle and parts manufacturers, and the company that performs vehicle maintenance.
• Government involvement: any claim against a government entity is subject to strict procedures, requirements, and protocols. The statute of limitations is typically shorter than claims against other people or entities.

You’ll need to perform your own investigation if you don’t hire an attorney to represent your interests. Do you know what kinds of evidence to look for and how to find it? Your personal injury attorney from Fielding Law does, and we have the resources to investigate your collision thoroughly.

Why Does Your Percentage of Fault Matter?

Your assigned percentage of fault for causing a collision directly affects how much compensation you can obtain. Suppose you are 30% responsible for causing an accident. The total compensation you might receive is reduced by 30%.

Similarly, if you’re primarily responsible for causing the collision, the amount of compensation you’ll pay increases as your at-fault percentage does. If you’re 70% responsible, you don’t want to be held 85% liable.

State laws governing who qualifies to obtain compensation for damages vary. In some states, you’re not eligible to receive compensation if you surpass a designated percentage of fault. Others allow you to seek compensation even if you’re 99% to blame for your accident.

Ask your Fielding Law attorney which laws apply to your case. We will ensure that you’re not assigned an unfair degree of fault.

Why Choose Fielding Law?

For any kind of pedestrian or car accident, you’ll want an experienced attorney who knows all applicable laws. You should also choose a firm with a good track record, the necessary resources to handle your case successfully, and a focus on personal injury law. Fielding Law is that firm. Our attorneys have won more than 2,500 cases and over $60 million for our clients, but you won’t pay us until we win compensation for you.

Request your free case evaluation today. Someone is available 24/7. Call us at (877) 880-4090, submit our contact form, or use live chat. We’ll assess your case, tell you how much it’s worth, and advise you of your options.