If you hit someone jaywalking who is at fault?

Answer 1

It sounds like it would depend on the circumstances of the accident. I noticed you used the word "jaywalking". I assume that you did it on purpose to mean that the pedistrian was walking outside the crossing lane, crossed when he didn't have the green, or both. If this is the case, it is likely that he will be charged with most, if not all, responsibility for the accident. Claim adjusters and Judges tend to be sympathetic to pedestrians, but it doesn't mena he won't be held responsible to his actions. However, if you were speeding or otherwise operating your vehicle in an unsafe/illegal manner, then you could be found mostly or fully responsible. I say that because most courts apply a higher standard of care to drivers than they do to pedestrians (meaning you have a greater responsibility to safely operate your car than the pedestrian has to safely cross the street). If the pedestrian broke any crossing laws, the responsibility and blame for what happened should lie with him.