This page was written, edited, reviewed & approved by JR Krebs following our comprehensive editorial guidelines. JR Krebs, the Founding Partner, has years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
If you hit someone jaywalking, fault depends on the specific facts, and under state law, both the driver and the pedestrian can share it. The seconds after a car strikes a pedestrian are frightening, and the question of blame rarely feels simple. You may be replaying the moment over and over, unsure whether the person stepping into the road or your own reaction time mattered more. That worry is normal, and the answer is more layered than most people expect. At Krebs Personal Injury Lawyers, we help Tuscaloosa drivers and injured pedestrians understand exactly where they stand.
"Jaywalking" describes crossing a street outside a crosswalk or against a signal. Alabama law does not use the word "jaywalking," yet it sets clear rules for people traveling on foot.
A pedestrian's mistake does not erase the driver's responsibility. Section 32-5A-213 requires every driver to exercise due care to avoid colliding with any pedestrian, no matter where that person crosses.
​That same law directs drivers to sound their horns when necessary and to use extra caution around children or anyone who appears confused or impaired. A driver who is speeding, texting, or ignoring the road may share fault even when the pedestrian crossed unlawfully.
​We often see crashes where both parties made errors at once. Our team examines whether the driver had time to brake, swerve, or warn before impact. When a driver could have avoided the collision and did not, the law still holds that driver accountable.
Fault in a jaywalking crash comes down to who behaved unreasonably and by how much. Insurers, investigators, and courts weigh the actions of both the driver and the person on foot.
A pedestrian often shares blame when their own choices create the danger. Crossing mid-block, stepping out between parked cars, or entering the road while distracted can all indicate pedestrian fault.
​Several conditions can shift blame toward the person crossing:​
Each of these facts can reduce or eliminate a pedestrian's ability to recover.
Drivers are at fault when they fail the due care standard. A driver with a clear view and enough time to stop may be liable even when the pedestrian crossed against the rules.
​Several conditions can place responsibility on the driver:​
We investigate speed, sightlines, and reaction time to show what each party could have done differently.
Don’t settle for less after a Jaywalking Accident
Here is where Alabama differs sharply from most states. The state follows a rule called pure contributory negligence, which can completely change the outcome of a jaywalking case.
​Under this rule, an injured person found even one percent at fault usually cannot recover any compensation. Most states apply comparative negligence, which reduces a recovery by the person's share of fault but still allows some recovery. Our state does not.
​For an injured pedestrian, this is a hard reality. When a jaywalker is even slightly responsible, an insurer will often deny the claim outright. For a driver, the same rule can serve as a strong defense.
​A few narrow exceptions exist. The last clear chance doctrine can preserve a claim when the driver had the final realistic opportunity to avoid the crash and failed to act.
​While there is a "last clear chance" doctrine, which may preserve a claim if the driver had the final realistic opportunity to avoid the crash, this is a very high legal hurdle and rarely applies. Because one percent of fault can end a claim, careful investigation by an attorney is essential.
​Courts also set aside contributory negligence when a driver's conduct was wanton or intentional, and children under seven cannot be held negligent at all. Because one percent of fault can end a claim, careful investigation matters more here than almost anywhere else.
The moments after a pedestrian crash are chaotic, yet what you do next can protect both your safety and your rights. These steps apply whether you were driving or walking.
​Taking a few careful actions can preserve your health and your claim:​
Early evidence often decides these cases, so acting quickly protects everyone involved.
When an injured pedestrian is not barred by contributory negligence, the law allows recovery for real losses. The purpose of a claim is to restore what the crash took away.​
Injured pedestrians may pursue several types of damages:​
The value of a claim depends on the severity of the injuries and the strength of the evidence.
​Time limits are strict. Under Section 6-2-38, most personal injury lawsuits must be filed within two years of the crash. Missing that deadline usually ends the right to recover, no matter how strong the case.
Drivers and pedestrians across Tuscaloosa often ask us these questions after a jaywalking crash.
Possibly, but the state's contributory negligence rule can bar recovery if you were even partly at fault. We review the facts to find whether an exception applies.
No. Drivers owe a duty of due care, but a pedestrian who crosses unlawfully can share or even carry the fault for the crash.
No. Even outside a crosswalk, a driver who could have avoided the collision may still be liable under state law.
In Alabama, shared fault can prevent an injured person from recovering at all, unlike in states that split damages by percentage of blame.
Most injury lawsuits must be filed within two years of the crash. Waiting too long usually ends your right to recover.
We recommend speaking with our team first. Insurers may use your words to assign blame and deny your claim.
If a jaywalking crash has left you facing blame, mounting medical bills, or a denied claim, the questions can feel overwhelming. Because a single percent of fault can decide a case here, the details you gather now truly matter.
​Our team studies the police report, the crash scene, and witness accounts to build the clearest picture of what happened. Attorney J.R. Krebs and our staff guide drivers and injured pedestrians through every step, from the first insurance call to the courtroom when needed.
​We work on a contingency fee basis, so you owe nothing unless we recover for you. You focus on healing while we protect your rights and pursue fair compensation.
​If you are unsure who is at fault after hitting someone jaywalking, contact us for a free case evaluation across the Tuscaloosa area by calling (205) 843-6037 today.
J.R. is dedicated to providing personalized representation, avoiding a one-size-fits-all approach. He tailors his strategy to the unique challenges and needs of each client and case, ensuring focused and individualized attention.
His practice mainly covers Plaintiff’s Personal Injury, including car and 18-wheeler accidents, slips and falls, dog bites, defective products, and wrongful death. He also handles commercial disputes on contingency, with experience in contracts, construction, and probate. For any dispute headed toward litigation, J.R. develops an aggressive strategy to maximize your recovery through negotiation, arbitration, or trial.
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