If You Hit Someone Jaywalking, Who Is at Fault?

November 3, 2025

Circumstances aren’t always black and white, and pedestrian accidents can get really complicated. When someone is crossing outside a marked crosswalk and something terrible happens, it naturally raises an important question: Who is responsible for the accident?

Nova Scotia law doesn’t provide a one-size-fits-all answer, and it makes sense because life isn’t black and white by default. It depends on the circumstances, the traffic laws, and whether each individual exercised reasonable care. What does that mean exactly, though?

Sometimes, drivers do everything right but still hit a pedestrian who suddenly runs into traffic. For others, a driver’s distraction is what causes injuries. The law considers both sides carefully on a case-by-case basis. Let’s explore this in greater detail below.

Understanding Jaywalking Under Nova Scotia Law

First things first, is jaywalking illegal as many people ask? The truth is a bit more nuanced. According to the Motor Vehicle Act, pedestrians are encouraged to follow the rules of the road and cross only at designated crossings whenever possible. However, stepping outside a crosswalk doesn’t necessarily mean someone is at fault.

Drivers also have a legal responsibility to watch for pedestrian traffic and slow down when someone is in immediate danger, even if that person isn’t following the traffic rules perfectly. The law requires both drivers and pedestrians to exercise reasonable care, as it’s a shared duty.

So to be precise, Nova Scotia considers jaywalking a civil offence, not a criminal one. It can impact who bears the costs for:

• medical bills and economic losses,
• damages awarded after trial, or
• long-term care in the event of serious injuries.

Jaywalking Pedestrian Laws and Fines in Nova Scotia

A jaywalking pedestrian may face fines for crossing where there’s no designated crossing or for failing to yield to traffic. These fines aim to promote caution, not punish rights after an accident. If an injured pedestrian files a claim, fines can suggest negligence, but the court considers factors such as road design, visibility, traffic, and driver negligence before determining liability.

For more information, refer to the Crosswalk Safety Brochure, published by the Government of Nova Scotia, which provides pedestrian statistics and outlines legal obligations.

How Comparative Negligence Applies to Jaywalking Cases

Canada’s system doesn’t use the harsh “all-or-nothing” standard that some U.S. states apply. Nova Scotia follows pure comparative negligence. That means both parties can share the blame, and the shared fault affects the amount of compensation each receives.

When a pedestrian disregards a traffic signal and a texting driver are involved, both might share some responsibility, which can lower the damages. Courts often apply modified comparative negligence, meaning recovery is limited if fault goes over 50%. Usually, pure comparative negligence is used, which many consider to be a more equitable approach than completely denying recovery.

How Fault Is Determined in a Jaywalking Accident

Determining fault for the accident isn’t guesswork. Investigators use science, law, and logic. They perform accident reconstruction to trace exactly how and why the collision occurred.
Key factors include:

• the traffic conditions at the time,
• whether the vehicle could have stopped safely,
• lighting, weather, and visibility, and
• whether either party failed to exercise reasonable care.

Insurers and lawyers also consider:

• reflective clothing or lack thereof,
• timing of traffic signals, and
• statements from witnesses and first responders.

In the end, the question becomes: Did the insured driver act responsibly, or did the pedestrian’s negligence play the larger role? The answers determine who pays for medical treatment, lost income, and accident benefits.

Contributory Negligence and the Role of Both Parties

Contributory negligence affects liability and recovery, even in comparative systems. Pedestrians’ own negligence can limit damages, but doesn’t eliminate the driver’s responsibility.

Drivers responsible for collisions due to speeding, ignoring signals, or failing to yield may bear most blame, but outcomes depend on other violations and conditions. It’s common for courts to see both sides as partially at fault, especially when both could have done more to avoid danger.

The Impact of Insurance Company Investigations on Fault

Once the accident occurred, both parties’ insurers began to assess what had happened. The insurance company for the insured driver will review photos, statements, and expert opinions to determine if the driver has breached their car insurance policy or driver’s liability coverage.

At the same time, the pedestrian’s insurer (if they have one) may review insurance coverage for medical treatment or accident benefits. In serious cases, where there are serious injuries or long-term disabilities, the outcome of this investigation shapes how much each person receives. And if the insurance companies disagree, which they often do, that’s when lawyers step in.

Legal Standards Used to Prove Fault in Pedestrian Car Accidents

A pedestrian car accident requires clear proof. Courts examine whether each side followed the rules of the road and whether either failed to exercise reasonable care.

For example, drivers tend to have more control and visibility, so they’re held to a higher standard. However, pedestrians must also look out for their own safety. Ignoring oncoming traffic or stepping into a vehicle’s path can show a pedestrian’s negligence.

Expert testimony (such as from an accident reconstruction specialist) often clarifies whose failure plays the biggest role. The balance between driver and pedestrian behaviour can shift based on tiny details.

What Happens If the Driver Is Found at Fault

When evidence shows the driver’s negligence caused the crash, they’re usually responsible for compensating the injured person. The driver’s insurance policy (and driver’s liability coverage) can cover medical bills, lost income, and sometimes emotional distress.

Fault determines what part of the economic losses each side bears. If the driver was at fault, their insurer typically handles most of the costs, although disputes about the fault threshold and damages awarded can prolong the process.

An experienced personal injury lawyer helps ensure no one settles for less than they deserve, especially if the pedestrian faces months of medical treatment or long-term rehabilitation.

Insurance Claims and Compensation for Accident Injuries

Filing an insurance claim after a traffic accident like this can be a stressful process. The injured pedestrian might be recovering in the hospital while paperwork piles up. If they were partially at fault, the insurer might still pay out under accident benefits, but with reductions.

Understanding insurance coverage matters here. Each car insurance policy includes different rules for accident benefits and driver’s liability coverage. A personal injury lawyer helps interpret those clauses, especially when an insurer tries to deny or delay payment.

Sometimes, pursuing a personal injury lawsuit is the only avenue left to recover fair compensation.

What Happens If the Pedestrian Is Found at Fault

If evidence shows the pedestrian’s negligence primarily caused the collision, say, stepping suddenly into oncoming traffic or ignoring traffic signals, compensation may be limited.

Even so, the pedestrian might still receive partial recovery through shared fault principles or pure comparative negligence. In such cases, the court might decide they can ultimately recover part of their economic losses if the driver could have done more to avoid hitting them.

The idea isn’t about punishing but about finding a fair balance. We all need to take reasonable care, whether we’re walking or driving.

Jaywalking Fines

A jaywalking pedestrian can be cited for breaking traffic rules, but doesn’t automatically owe all costs. A ticket may influence legal or insurance views on fault, but the fine is minor compared to the medical and emotional tolls. If cited, don’t panic.

Courts consider context: Was visibility poor? Were the signals confusing? Was there immediate danger causing the crossing? These details matter more than the fine.

Who Pays for the Driver’s Damages When a Jaywalker Causes an Accident?

Sometimes the tables turn. If a jaywalking pedestrian damages a vehicle or causes the driver to crash, the driver might file their own legal claim.

Here, contributory negligence can cut both ways. The pedestrian’s failure plays a key role, but drivers tend to carry insurance coverage that helps with repairs or medical attention. Depending on other parties involved or the other driver’s insurance policy, compensation can vary depending on the severity of damage and proof of the pedestrian’s negligence.

These claims often involve complex insurance negotiations, making it another reason to seek legal counsel early.

Can a Jaywalker Still Get Compensation?

Yes, even someone partially at fault can pursue damages under pure comparative negligence. The court considers who broke which traffic laws, if there was immediate danger, and how the accident reconstruction supports each side’s account.

If the pedestrian sustained serious injuries and adhered to most traffic rules, the law still permits recovery even if they made a minor mistake. Essentially, that’s what makes Nova Scotia’s system compassionate: it recognizes that people aren’t perfect. However, each person must demonstrate a certain level of care for their own safety.

Crossing outside a pedestrian crosswalk without looking or stepping into oncoming traffic poses more than just a fine. It jeopardizes your future.

Free Consultation With Preszler Injury Lawyers for Legal Assistance with Your Personal Injury Claim

Preszler Injury Lawyers can help you understand driver’s liability coverage, your rights under the Motor Vehicle Act, and fault thresholds. Whether you’re partially at fault or not, you may recover compensation through insurance or a personal injury lawsuit.

A free consultation connects you with experienced legal counsel in insurance, rules, and fairness. Contact us now to start your claim before time runs out.