Braintree, MA personal injury attorney Michael Conley talks about recovering damages from the driver of a vehicle that hit you if you were jaywalking. He explains that pedestrians are legally permitted to occupy any part of the roadway, even when crossing outside of a designated crosswalk. The roadway is considered a shared space, with reciprocal obligations between drivers and pedestrians. While being within a crosswalk can strengthen a pedestrian’s case, Massachusetts applies a comparative fault approach when accidents occur elsewhere. If both the pedestrian and the driver are found to share fault equally, the pedestrian is still entitled to recover 50 percent of their damages.