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Nicolet Law managing attorney Russell Nicolet

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What Happens If a Jaywalker is Hit by a Car?

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What Happens If a Jaywalker is Hit by a Car?

Jaywalker looking at his phone and listening to headphones while crossing the street

Car accidents in which cars hit jaywalkers can be complicated. On one hand, it is illegal to jaywalk, so should a driver really be held responsible? On the other, what could the driver have done to prevent the accident, and is it negligent not to do try to do so?

To a large degree, it comes down to the driver's ability to avoid the accident. If a jaywalker steps right out into the car's path and is instantly hit, the driver will usually not be held responsible. It will be determined that the pedestrian caused the accident.

However, if the jaywalker strolls into the street a few hundred yards ahead of the car and the driver does not slow down or swerve, the driver could be held responsible. Even though jaywalking is illegal, drivers are expected to take reasonable action to avoid crashes when they can, even if they feel they have the right of way.

Negligence also comes into play if the driver should have seen the pedestrian but did not. For instance, a driver who is texting and driving may look away from the road and not see someone step into the street, hitting them with the car. The driver could argue that the road was clear and that the person shouldn't have been there. While that may be true, he or she could still face charges.

If you're involved in one of these complex cases, take the time to get to know how the law impacts both parties and what it means for liability in the accident.

Source: Quick and Dirty Tips, "Those Pesky Pedestrians," Adam Freedman, accessed July 27, 2015

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SEE HOW NICOLET LAW MAKES A DIFFERENCE IN OUR CLIENTS’ CASES

CAR ACCIDENT

Result with Nicolet Law 
$1,200,000.00

CAR ACCIDENT

Offer before Nicolet Law
$50,000.00

SEMI-TRUCK ACCIDENT

Result with Nicolet Law 
$700,000.00

SEMI-TRUCK ACCIDENT

Offer before Nicolet Law
$75,000.00

SLIP AND FALL ACCIDENT

Result with Nicolet Law 
$180,000.00

SLIP AND FALL ACCIDENT

Offer before Nicolet Law
$5,000.00

PEDESTRIAN HIT BY CAR

Result with Nicolet Law 
$1,050,000.00

PEDESTRIAN HIT BY CAR

Offer before Nicolet Law
$0.00 - denial

DRUNK DRIVING ACCIDENT

Result with Nicolet Law 
$815,000.00

DRUNK DRIVING VICTIM

Offer before Nicolet Law
$0.00

UTV ACCIDENT

Result with Nicolet Law 
$250,000.00

UTV ACCIDENT

Offer before Nicolet Law
$5,000.00
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Nicolet Law Office is honored to have been nominated for numerous awards for excellence in service and client satisfaction. Our attorneys have appeared in such prestigious lists as Top 40 Under 40 and Rising Stars. While we’re thankful to have the support of industry peers and independent third-party organizations, nothing beats the feeling of gratitude we share with clients when we can make a positive impact on their lives.

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12 locations in Wisconsin and Minnesota to serve you

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Wisconsin Locations:

EAU CLAIRE:

402 Graham Ave.
Suite 305
Eau Claire, WI 54701

Phone: (715) 835-5959
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HUDSON:

517 2nd Street
Unit #205
Hudson, WI 54016

Phone: 715-226-6158
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LA CROSSE:

119 N 19th St S
La Crosse, WI 54601

Phone: 608-527-0876
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NEW RICHMOND:

1500 Madison Ave.
Suite 220
New Richmond, WI 54017

Phone: 715-226-6164
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RICE LAKE:
337 North Main Street
Rice Lake, WI 54868

Phone: (715) 790-1114
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RIVER FALLS:
215 S 2nd St #20
River Falls, WI 54022

Phone: (715) 716-5869
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SUPERIOR:
1200 Tower Ave.
Superior, WI 54880

Phone: (715) 718-2969
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WAUSAU:
408 3rd Street
Suite 303
Wausau, WI 54403

Phone: (715) 716-5092
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Minnesota Locations:

DULUTH:
306 West Superior Street,
Suite 606 West
Duluth, MN 55802

Phone: (218) 729-0628
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HIBBING:
Howard Court Bldg.
302 Howard Street, Suite 123
Hibbing, MN 55746

Phone: 218-217-0659
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MINNEAPOLIS:
225 South 6th Street
Suite 3900
Minneapolis, MN 55402
Phone: (608) 315-5639
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WOODBURY:
724 Bielenberg Drive
Suite 126
Woodbury, MN 55125

Phone: (651) 815-0017
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