Do Jaywalking Pedestrians Still Have Claims?
Most people assume that if they were jaywalking when a crash happened, they automatically lose the right to compensation. That's not true.
In Alberta, fault in a pedestrian accident isn't "all or nothing." Even if you were crossing outside a marked crosswalk, you may still have a valid personal-injury claim — because drivers owe a continuing duty to operate their vehicles safely and keep a proper lookout.
As Alberta injury lawyers who once defended insurers, we've seen how companies exploit the word *jaywalking* to deny legitimate claims. This guide explains what Alberta law actually says, how partial fault works, and how injured pedestrians can still recover damages even when they weren't in a crosswalk.
This guide covers:
What Is Considered Jaywalking in Alberta?
Under Alberta's *Traffic Safety Act*, *jaywalking* generally means crossing a road **outside a marked or unmarked crosswalk** when it's unsafe to do so. Pedestrians are required to:
Pedestrian Requirements:
How Fault Works in Jaywalking Accidents
Alberta follows a **comparative (or contributory) negligence** system. This means that:
Percentage-Based Fault Assessment
Each party's share of fault is assessed as a percentage.
Reduced but Not Eliminated Compensation
Your compensation is reduced by your portion of fault, but not eliminated.
Example Calculation
If you're found **30% at fault** for crossing mid-block and the driver is **70% at fault** for speeding or distraction, you still recover **70% of your total damages.**
Even where a pedestrian technically "jaywalked," drivers can still be liable if they were speeding or distracted, failing to maintain proper lookout, driving too fast for weather or lighting conditions, impaired or fatigued, or ignoring a pedestrian already visible on the roadway.
Steps to Take Immediately After a Jaywalking Accident
Your actions immediately after a jaywalking accident can protect your health and strengthen your claim.
Call 911 and ensure police respond
Their report is crucial for proving liability.
Seek medical attention immediately
Even for minor pain or dizziness, medical records document your injuries.
Document the scene
Take photos of the location, streetlights, skid marks, and vehicle. Note where you were crossing and nearby signage.
Collect witness information and driver details
Get names, phone numbers, and statements from anyone who saw the accident.
Request the police report number
This helps you obtain the official report later.
Do not speak to the driver's insurer or sign any paperwork
Avoid communication without legal advice.
Contact an Alberta pedestrian-injury lawyer quickly
Early legal involvement preserves evidence and manages communications.
How a Lawyer Proves Negligence in Jaywalking Cases
A lawyer's job is to show that, regardless of where you crossed, the driver could and should have avoided the collision. We do this by:
Obtaining intersection or dash-cam footage
Video evidence shows visibility and driver reaction time.
Analyzing black-box data from the vehicle
Reveals speed, braking patterns, and driver behavior before impact.
Consulting accident reconstruction experts
Expert analysis on stopping distances, lighting conditions, and reaction times.
Reviewing driver phone records
Evidence of distraction through phone use at the time of the accident.
Proving excessive speed, impairment, or inattention
Demonstrating driver negligence through multiple evidence sources.
Case Example
A Calgary pedestrian crossed mid-block on a dimly lit street. The insurer claimed she 'ran into traffic.' Our investigation revealed the driver was speeding and on their phone. Fault was split 25/75 in our client's favour, resulting in a **$310,000 settlement** for medical costs and wage loss.
Frequently Asked Questions
Conclusion
Even if you were jaywalking, Alberta law still protects your right to fair compensation. Drivers must remain alert and avoid collisions whenever reasonably possible — and insurers can't simply deny claims by blaming where you crossed.
Get medical attention immediately
Preserve photos, records, and witness details
Avoid insurer communication
Contact an experienced lawyer early
Don't let insurers misuse the word 'jaywalking' — call today for a free case review.
Contact us today for a free consultation. No fee unless we win.