The over-riding factor in pedestrian cases is whether you were walking in a cross walk when hit. If not, the insurance company and its defense attorney will present a jaywalking defense and obtaining a favorable settlement or verdict will be difficult... but not impossible.
The following liability factors should be examined carefully when assessing an auto vs. pedestrian case:
1. Reason to jaywalk. Was something(construction, snow) impeding access to the crosswalk? Was there no crosswalk nearby?
2. Governing traffic code. What do the regulations say? Were either the driver or you, the pedestrian, violating a statute or regulation at the time of accident?
3. Length of walk signal. Check the timing of the of the traffic lights at the time the accident occurred. Do they provide enough time for a pedestrian to make it across the street?
4. Available light. What were the lighting conditions at the time of the accident? Was it easy or difficult for the driver to see you, the pedestrian?
5. Visibility of clothing. Did the clothing you were wearing make it harder or easier to see you? Save the clothing you were wearing when hit.
6. Driver statements. What did the driver say immediately after the accident? While drivers who hit other cars seldom make incriminating statements, drivers who hit pedestrians will frequently speak to victims lying on the ground after being hit.
7. Pedestrian statements. Conversely, did you say anything to the driver after the accident?
8. Witnesses. Did anyone else see the accident? Do you know how to contact them?
9. Driving speed. How fast was the driver going? What was the speed limit? Was the driver proceeding too fast for pedestrian or car congestion at the time?
10. Driver knowledge. Was the driver familiar with the area?
11. Weather conditions. Was it foggy, rainy, misty or snowy at the time?
12. Mechanical defect. Did any relevant mechanical problems affect the drivers car? If so, did the driver know about them before hand?
13. Impeded view. Were there any essential obstructions to the drivers view like signs, fences, shrubbery or trees?
14. Tardy driver. Was the driver late for work or an appointment?