What is Jaywalking? Is Jaywalking Illegal in New Mexico?

Jaywalking is a term most of us have heard, but many aren’t exactly sure what it means, or that it could be illegal. Every day, people cross the street outside of designated crosswalks, assuming it’s no big deal. However, depending on where you live, jaywalking can lead to fines or even impact your ability to recover damages in the event of an accident.

New Mexico residents need to be aware of the legal ramifications of jaywalking. The state has specific rules for pedestrian behavior, and breaking those rules can affect more than your safety; it can affect your legal rights. 

What is jaywalking? At Shapiro Law Team, we know the New Mexico legal system like the back of our hands. In this guide, we’ll explain what jaywalking is, whether it’s illegal in New Mexico, and what your options are if you’re involved in a jaywalking-related incident.

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What is Jaywalking?

“Jay” was once a slang term for an inexperienced or naïve person. As motor vehicles became more popular, pedestrians who didn’t follow the new rules of the road were mocked as “jaywalkers.” Over time, the term was formalized into legal codes and public safety campaigns.

Today, jaywalking is not just a colloquial term. It has real legal consequences in many states, including New Mexico.

Jaywalking is the act of crossing a street unlawfully or outside of designated pedestrian crossings. While definitions may vary by jurisdiction, jaywalking typically includes:

• Crossing outside a marked crosswalk when crosswalks are available nearby
• Crossing against a pedestrian signal at an intersection
• Walking into the roadway from between parked cars
• Failing to yield to oncoming traffic when crossing mid-block

What is an Example of Jaywalking?

Jaywalking can take many forms depending on the environment, pedestrian behaviors, and local traffic patterns. While it may seem like a simple decision to cross the street at an unmarked location, doing so outside of the legal rules can increase your risk of serious injury and liability in the event of an accident. Understanding specific examples helps clarify when crossing becomes illegal or unsafe.

Here are several common scenarios that illustrate jaywalking in real-world situations:

• Mid-Block Crossing: A pedestrian crosses the street halfway down a block, even though there are controlled intersections nearby.
• Ignoring A Red Hand Signal: A person enters a crosswalk during the “Do Not Walk” phase of a traffic signal.
• Crossing Between Parked Cars: A pedestrian suddenly steps out into the street from between two parked vehicles without checking for traffic.
• Diagonal Crossing: A person crosses diagonally at a four-way intersection without a marked diagonal crosswalk.
  

In each of these examples, the pedestrian fails to follow traffic signals or legal crossing procedures, putting both themselves and drivers at risk.

Is Jaywalking Illegal in New Mexico?

Yes, jaywalking is considered illegal in New Mexico under the New Mexico Statutes § 66-7-335. The law requires that pedestrians follow specific rules when crossing the road, particularly in areas with traffic control signals.

According to the statute, pedestrians in New Mexico must:

• Yield to vehicles when crossing outside a marked or unmarked crosswalk.
• Use crosswalks when located between adjacent intersections with traffic signals.
• Avoid diagonal crossings unless explicitly authorized by traffic control devices.
• Follow all pedestrian control signals at intersections.

Even so, the statute allows some flexibility in situations where there are no signals or crosswalks present. This is where legal interpretations and liability can get complex, especially in car accident cases. 

In instances like these, working with a New Mexico personal injury attorney can help you figure out the details and determine fault. 

Who Is at Fault in a Jaywalking Case?

Determining fault in a jaywalking case isn’t always straightforward. In New Mexico, liability often hinges on a legal principle called comparative negligence, which allows more than one party to be found responsible for an accident.

Here are some examples of instances where fault could be placed on more than one party:

• If the pedestrian jaywalked but the driver was speeding or distracted, both could share fault.
• If the driver had enough time to see the jaywalker and stop but failed to do so, the driver could bear partial liability.
• If the pedestrian crossed unexpectedly at night in dark clothing and the driver had no reasonable opportunity to stop, the pedestrian may hold partial responsibility.
  

New Mexico’s pure comparative negligence system means that an injured party can still recover damages even if they were at fault, but their compensation will be reduced by their share of the blame. For example, if you’re awarded $100,000 but found 60% responsible, you’d receive $40,000.

Understanding how fault is assigned is critical to building a strong case, especially if you’re a pedestrian who was injured. A car accident attorney can help investigate the circumstances and determine the best course of action.

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Can I Sue if I Was Hit by a Car While Jaywalking?

Even if you were jaywalking, you may still be able to file a lawsuit and seek damages for your injuries. Thanks to New Mexico’s pure comparative negligence laws, your ability to recover compensation depends on how much fault is assigned to you versus the driver.

Determining fault and proving negligence are key to recovering compensation. The evidence must clearly show that another party’s actions contributed to your injury.

While you may not recover 100% of your losses if you’re found partially at fault, the law does not automatically disqualify you from filing a claim. A qualified personal injury lawyer can help assess your case and negotiate with insurance companies to secure fair compensation.

Why is Jaywalking Dangerous?

Jaywalking isn’t just a legal issue; it’s a safety issue. Pedestrians who cross outside of crosswalks put themselves at significant risk because drivers aren’t expecting them and may not have time to react.

Crossing the street may seem harmless, but it can lead to serious injuries if done recklessly. Some factors that can make jaywalking so dangerous for drivers and pedestrians alike include:

• Low Visibility: Drivers may not see you if you cross from behind parked cars or in poor lighting. If they don’t see you in time, they won’t have time to react. 
• Unpredictability: When pedestrians cross mid-block, they defy typical traffic patterns, giving drivers less time to respond. 
• Lack of Right-of-Way: Drivers are legally required to yield at crosswalks, but not when pedestrians suddenly appear in the road. They’re also inclined to slow down and check for pedestrians when approaching a crosswalk, but not when they’re simply driving down the road. 
• Speed and Momentum: Cars traveling at high speeds need more time and distance to stop, increasing the likelihood of severe injury on impact.

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Why Do People Jaywalk?

Despite the legal and physical risks, jaywalking remains common across the U.S., and New Mexico is no exception. Oftentimes, pedestrians don’t jaywalk out of malice or to intentionally cause problems for drivers. People often do it out of convenience or perceived necessity rather than a blatant disregard for the law.

Common reasons people jaywalk can include:

• Impatience: Waiting for a crosswalk can feel unnecessary if the road appears clear. If someone is in a rush or running late, they may believe it’s faster to jaywalk.
• Inadequate Infrastructure: In many areas, crosswalks are spaced far apart, leading people to cross mid-block out of necessity.
• False Confidence: Pedestrians often believe they can judge oncoming traffic safely, even when they can’t.
• Peer Behavior: If others are crossing outside the crosswalk, people tend to follow suit.
• Urban Design Flaws: Poor lighting, lack of sidewalks, and wide streets can encourage illegal crossings.
  

Reducing jaywalking ultimately comes down to education, enforcement, and better urban design. Cities that prioritize pedestrian safety often see fewer jaywalking-related incidents and a decrease in pedestrian injuries.

Contact Us For A Free Consultation

Is jaywalking illegal? It may seem like a minor infraction, but when it leads to an accident, the legal and financial consequences can be significant. Whether you were hit while crossing the street or you’re a driver involved in a pedestrian-related collision, understanding your rights under New Mexico law helps you protect your rights.

At Shapiro Law Team, we have extensive experience representing clients in complex pedestrian accident cases, including those involving jaywalking. Our legal team can help you determine who was at fault, gather the evidence needed to build your case, and fight for the compensation you deserve.

Whether you’re dealing with minor injuries or wrongful death, you deserve legal representation that protects your rights. Let our team review your case and provide the honest guidance you need.

We’re here to advocate for your recovery and your future. Get in touch today to schedule your free consultation.

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