> if you do cross that way and get hit by a car, the presumption is that you were at fault--whereas, if you get hit by a car while you are in the marked crosswalks, the presumption is that the driver of the car was at fault
I'd be wary of this. A pedestrian's position in the street is hard to prove (and defend) when they're hit by a vehicle. Say someone gets hit and is thrown twenty feet when crossing at an unmarked intersection (which in most municipalities is still a valid crosswalk). It's hard to reconstruct the scene to prove that the ped was in the crosswalk when hit. A safer perspective would to err on the side that the driver is at fault in any instance. You could also argue that the driver has assumed the responsibility of their actions and any mistake they might make before getting behind the wheel.
> A pedestrian's position in the street is hard to prove (and defend) when they're hit by a vehicle.
This is true today, so how do such cases get handled today in jurisdictions where jaywalking is illegal?
Note that I am not proposing changing the current presumptions of guilt if there has been an accident, only the rule about what cops are allowed to write a ticket for if there hasn't been an accident.
> You could also argue that the driver has assumed the responsibility of their actions and any mistake they might make before getting behind the wheel.
And you could argue that pedestrians have assumed the responsibility of their actions and any mistake they might make when they choose to walk on public sidewalks and cross public roads. I don't see that this helps either way.
I'd be wary of this. A pedestrian's position in the street is hard to prove (and defend) when they're hit by a vehicle. Say someone gets hit and is thrown twenty feet when crossing at an unmarked intersection (which in most municipalities is still a valid crosswalk). It's hard to reconstruct the scene to prove that the ped was in the crosswalk when hit. A safer perspective would to err on the side that the driver is at fault in any instance. You could also argue that the driver has assumed the responsibility of their actions and any mistake they might make before getting behind the wheel.