Jaywalking in California: Can You Still Get Compensation?
If you were not following pedestrian rules when a car hit you, you might worry about how you’re going to pay your medical bills and other accident-related expenses. You might even feel responsible for the accident. However, it’s crucial that you speak to an experienced California pedestrian accident attorney before you say or do anything that could harm your potential legal claim.
Motorists are expected to keep a careful lookout for pedestrians, so you might not be at fault for the accident. Even if you share some of the blame, California’s pure comparative fault law may still allow you to recover compensation for some of your injuries. You can learn more about your legal rights when you contact Allen Law Firm for a free consultation.
What Counts as Jaywalking Under California Law?
Jaywalking is typically considered crossing the street outside of a crosswalk. It can also be generally construed as violating pedestrian laws. Negligent motorists in California would sometimes point to jaywalking as a defense if they were sued.
However, a recent change in California law may provide additional protection to injured motorists. Under the Freedom to Walk Act, crossing outside of a crosswalk is not inherently illegal. As long as it is done safely, pedestrians can cross outside a designated crosswalk as long as they do not create an immediate danger or risk of collision with a vehicle, and police can only issue a citation if the pedestrian’s actions created an immediate safety hazard.
Unless a reasonably careful person would realize there was an immediate danger of a collision with a moving vehicle or other moving device, the pedestrian is not cited for a traffic offense under the new law. Therefore, even if the pedestrian did not cross in a crosswalk, this fact alone might not affect compensation for the pedestrian victim.
Can a Pedestrian Be at Fault for an Accident?
Yes, a pedestrian can be determined to be at fault for an accident. For example, pedestrians may be found at fault if they were:
- Distracted and not paying attention
- Impaired by drugs or alcohol
- Sprinting into oncoming traffic
- Crossing the street when it is dangerous to do so
However, it’s important that you do not assume you are at fault – even if you might have been jaywalking. You may not have a choice but to cross the street outside of a crosswalk, or the nearest crosswalk may be far away.
If you have physical limitations, you may not be able to walk far away to get to the next crosswalk. Parents may need to cross the street earlier to avoid dangerous road crossings with their children.
Motorists still have a legal duty to keep a proper lookout for pedestrians, who are vulnerable when navigating through traffic. If they breach their duty of care and run you over, they might be entirely or mostly at fault for the accident and responsible for compensating you for them.
How Comparative Negligence Affects Compensation
Under California law, all people are expected to act with reasonable care to avoid injuring themselves or others. If you are injured under circumstances in which you and another person contributed to causing an accident, California’s pure comparative negligence system applies.
Under California’s comparative fault system, you might not be barred completely from recovering compensation even if you contributed to the accident. The pure comparative fault system in California allows you to seek compensation for an accident even if you were mostly at fault for it. However, your financial compensation is reduced by your degree of fault.
For example, if a jury found that you were 40% at fault for an accident because you were jaywalking and a distracted driver was 60% at fault, your compensation would be reduced by 40% in this example. If you were awarded $100,000 in damages for your medical bills, lost income, and pain and suffering, those damages would be reduced by $40,000, which is in proportion to your degree of fault of 40%.
While comparative negligence laws apply in court, the insurance company may also try to shift some of the blame for the accident onto you so that it can minimize your financial recovery and its liability. An experienced pedestrian accident lawyer can gather evidence to help prove the driver was negligent.
Evidence That Can Help Prove Driver Negligence
Because you and the driver may have differing accounts about how the pedestrian accident happened, you will likely need other evidence to help prove the accident happened due to the acts of a negligent driver. Evidence may include:
- Accident reports that show the driver was cited for violating a traffic law or admitted to the accident
- Traffic camera footage of how the accident occurred
- Photos of the accident
- Medical records that are consistent with your version of the evidence
- Vehicle damage
- Witness statements
- Reports from accident reconstruction experts
Our California personal injury attorneys can conduct an accident investigation to preserve valuable evidence to prove liability in your case.
Factors That Can Affect Liability in Pedestrian Accident Claims
Insurance adjusters, judges, and juries can consider various factors to apportion fault between the parties involved in a pedestrian accident claim, such as:
- Where the accident occurred
- The time of day or night of the accident
- Lighting in the area
- Visibility issues, including weather conditions
- Road conditions
- The driver’s and pedestrians’ previous history of traffic violations
- What the pedestrian was wearing
- Whether the area where the accident occurred was known to have heavy pedestrian traffic or jaywalking
An experienced pedestrian accident attorney can highlight the factors that demonstrate the driver’s negligence and minimize yours.
Financial Compensation for Pedestrian Accident Injuries
Personal injury victims who are harmed due to someone else’s negligence have the right to pursue compensation for their accident-related injuries and losses, including the following:
- Medical expenses: Your injury claim could request compensation for medical bills, hospital bills, surgical costs, rehabilitation expenses, ongoing doctor’s visits, and future medical expenses.
- Lost wages: You can seek compensation for the lost income you incurred while you were away from work.
- Reduced earning capacity: For serious injuries, your long-term earning potential could be reduced. You can seek compensation for the value of your lost earning potential.
- Property damages: You can seek compensation for the value of your clothing, shoes, and any personal property that was damaged in the accident, such as your cellphone.
- Pain and suffering: Pedestrian crashes can cause catastrophic injuries that lead to chronic pain and significant suffering. You have the right to be fairly compensated for the harm you’ve suffered.
- Loss of enjoyment of life: You may be unable to enjoy favorite hobbies, activities, or relationships with loved ones for which you can seek compensation.
At Allen Law Firm, our settlement demands encapsulate these and other damages our clients have faced due to the negligence of others.
Legal Options for Injured Pedestrians
If you are an injured pedestrian and you believe someone else’s negligence contributed to your injuries, you may have various legal options, such as:
- Filing a claim with your own insurer: Your auto liability insurance may cover you if you are injured in a pedestrian or bicycle accident. You could also have other insurance that covers some of your damages that you can file a claim with.
- Filing a claim with the at-fault driver’s liability insurance provider: df
- Filing a lawsuit against the at-fault party: You could file a personal injury lawsuit against the at-fault driver or other party responsible for your injuries.
- What to Do After a Pedestrian Accident
If you are ever involved in an accident with a vehicle while walking, take these steps to protect your legal rights:
- Call 911: Use your cellphone, if you’re able, to call 911, report the accident, and request an ambulance.
- Talk to the responding police officer: Tell the law enforcement officer what you remember, but don’t admit fault. Ask how to get a copy of the accident report once it is finished.
- Seek medical attention: Accept emergency medical service responders’ offer to take you to the hospital. If EMS doesn’t respond, seek immediate medical treatment after you leave the scene of the accident.
- Exchange information: Get the driver’s name, address, telephone number, driver’s license number, license plate number, and insurance information.
- Talk to witnesses: If any witnesses saw the accident, ask for their names and contact information, too.
- Document the scene: Take pictures of the accident scene and your injuries
- Contact an experienced lawyer: Take advantage of a free consultation and learn more about how to protect your rights.
Contact an Experienced Pedestrian Injury Lawyer for a Free Case Review
If you were injured while jaywalking, you could still have the right to seek compensation for your injuries. Don’t let your worries about this detail deter you from recovering fair compensation for your injuries. The skilled lawyers at Allen Law Firm can help you fight for fair compensation. Contact us today for a free consultation.
