Jaywalking : a punishable offence or a contributing factor?

Abstract

Jaywalking occurs when pedestrians negligently walk-in or cross roadways negligently and without due care and attention to approaching vehicles, posing a great risk for themselves and also to third parties. This dissertation examines the legal duties of pedestrians, in comparison to the obligations of drivers and advocates the necessity of introducing effective legislation to regulate pedestrians’ behaviour. Due to the ever-increasing population and traffic in the Maltese Islands, the chances of contact between a vehicle and a pedestrian grows exponentially. Therefore, the dissertation ensures that every actor involved in such motor traffic accidents is punished according to his/her participation in the harmful event. When making use of the roadways and areas adjacent thereto, pedestrians must be subject to legally binding and enforceable rules rather than mere recommendations which do not impose criminal liability. On this premise, the possibility of having a pedestrian as the victim in one case and a perpetrator in another is examined. Hence, in view of the above, this dissertation aims to encourage the Legislative body of the State to move forward with the idea of punishing jaywalking and other pedestrian offences in Malta.