Whatt o do if I was jaywalking and did not see a car coming and it hit me and broke my leg?

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Whatt o do if I was jaywalking and did not see a car coming and it hit me and broke my leg?

I received a ticket for sudden pedestrian movement into traffic. I just found out today that I need to have surgery on my leg and I do not have health insurance. I also cannot work at my job due to my injury and I do not have disability insurance. I am filling out fmla paperwork but I don’t know of anything else I am suppose to do. Does the man’s insurance have to pay my medical bills? Does the man have to pay for my time off work or is there a program I can apply for? Or, am I up a creek without a paddle?

Asked on December 7, 2012 under Personal Injury, Wisconsin

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

You are probably up the creek.  The driver is not automatically responsible for your injuries.  You were doing something illegal and cited for that conduct.  You should contact some personal injury lawyers in your area immediately to find out if you have any chance of recovering against the driver.

I do not practice in Wisconsin.  Florida is a "pure comparative fault" state.  This means that everyone is responsible for their own fault.  If the driver should have seen your actions and avoided the collision, he or she may have some theoretical fault.  Theoretical fault is not the same as practical fault.  Juries will not award damages to someone who did something they perceive to be stupid.  Would you make the driver give money to someone who did what you did?


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