By: Chuck Richardson On July 16, 2020

In many pedestrian accident cases, determining liability is often a clear-cut situation. Pedestrians are protected by traffic laws and drivers are expected to be alert and respect the pedestrians’ right of way at intersections, stop signs, and crosswalks to allow them to cross safely. Drivers must also take care to check their mirrors and blind spots when navigating parking lots and driveways. However, in situations where pedestrians are struck while illegally crossing the street, or jaywalking, figuring out who is at fault is a murkier situation.

In many states, including Oklahoma, pedestrians are required to use marked crosswalks only when crossing at intersections with traffic control systems in place. Crossing anywhere else and failing to yield to traffic is considered a violation of jaywalking laws. Determining whether the pedestrian or driver is at-fault for the accident depends on the state the accident occurred in.


Oklahoma operates under what is known as a 51% Bar Rule, meaning that claimants who are found to be 51% at fault for an accident cannot receive compensation in their case. Also known as comparative negligence statute, this also means that victims who are found 49% or less liable for the accident can still pursue damages. However, the total damages the claimant is able to recover will be reduced by their share of fault.

If you’re a pedestrian who is proven to have been illegally crossing the street when the accident occurred, it is likely you will be held partially responsible for the accident. While you still may be able to secure compensation to cover your medical costs and lost wages, it may be a lower amount than you want.


Pedestrians often suffer from more serious injuries in accidents than drivers or passengers of motor vehicles do, mostly because pedestrians lack outer protection and the size and weight of cars can deliver a lot of force upon impact.

Common injuries pedestrians sustain after a car accident include:

  • Broken bones
  • Crushed limbs
  • Amputations
  • Burns
  • Spinal cord and neck injuries
  • Head and brain injuries
  • Death

The more serious the injuries, the more expensive it can be to treat them and the longer it can take for you to heal and go back to work. As a result, pedestrians often face medical bills that add up to tens of thousands of dollars for things like extensive hospital stays and surgeries.

If you were injured as a pedestrian while jaywalking, call our attorneys immediately. A personal injury attorney can investigate the accident and fight for your rights to compensation so you don’t have to pay out-of-pocket and go into debt.


Our personal injury attorneys have helped countless clients recover from injuries and trauma after accidents for years. As a community-oriented law firm, Richardson Richardson Boudreaux, PLLC is proud to serve clients and families throughout our state of Oklahoma. Our pedestrian injury attorneys are trusted by pedestrian clients who were injured by cars, trucks, and other vehicles while crossing the street or on the side of the road. Our team understands this is a painful and emotional time for you, which is why we take the time to meet with our clients and understand their needs and goals. We can recover damages for you that include medical bills, lost wages and earning capacity, pain and suffering, and more when you hire us. Allow us to make a difference in your life.

Contact Richardson Richardson Boudreaux, PLLC online or by phone at 918-492-7674 for a free consultation regarding your potential injury case. With millions recovered for clients, we can be trusted to pursue your legal goals.

chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram