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 have the right to be anywhere on the roadway, even if they are crossing the street outside of a designated crosswalk. The roadway is a shared space, and there are reciprocal obligations between drivers and pedestrians. While being in the crosswalk strengthens your case, if an accident occurs outside the crosswalk, fault is analyzed in a shared manner in Massachusetts. If the pedestrian is determined to be 50 percent at fault and the other driver is also 50 percent at fault, the pedestrian can still recover 50 percent of their damages.