Can You Sue If You Were Hit by A Car While Jaywalking?
The short answer to this question is “yes.” Jaywalking is a violation of the California Vehicle Code. But that does not mean that if you are jaywalking and get hit by a car, you can not sue for damages.
That said, it’s important to understand that your negligence may affect how much compensation you can recover. Read on to learn more about jaywalking laws and how our California pedestrian accident lawyers at Arash Law might be able to help you.
How Common Are Jaywalking Car Accidents In California?
Jaywalking happens all of the time in California, particularly in urban centers.
Pedestrian accidents also occur at alarming rates, with 21 percent of all traffic fatalities in California being pedestrians.
Approximately 30 percent of children under the age of 14 that were killed in car accidents were pedestrians.
The California Office of Traffic Safety estimates that the Kern and Humboldt regions were the top two districts for pedestrian fatalities in California.
San Francisco and Los Angeles are the top counties where non-fatal pedestrian injuries occur.
Is Jaywalking Illegal?
Yes, jaywalking is illegal. Jaywalking fines generally hover around the $200 mark, and your driving record will be untouched for a jaywalking violation. California Vehicle Code 21955VC stipulates you can’t cross the road but within a crosswalk and you need to follow controlled signals such as traffic lights when walking in California.
If you are hit by a negligent driver when you are jaywalking, you are still entitled to damages. The California car accident attorneys at Arash Law have been fighting for pedestrian personal injury claims for decades. Book a free consultation, and we will review your case today and let you know whether we believe you have a claim.
How Comparative Negligence Works In California
Under California’s comparative negligence law, people who are partially at fault for their accidents can still recover compensation in many cases. The law operates by apportioning a percentage of fault amongst the parties.
Each party will get assigned a certain percentage of blame or negligence. When the settlement is determined or reached, it will be divided according to that percentage.
For example, let’s consider a pedestrian accident case where the pedestrian sustained $100,000 in damages. If the court deemed the pedestrian 10 percent at fault for the accident, he or she would only receive $90,000 in compensation ($100,000 minus 10 percent of $100,000).
That is a very generic way of illustrating comparative negligence in California. It is by no means a reflection of actual potential settlements or damages in a pedestrian accident case.
The key takeaway is that yes, you can sue if you get hit by a car when you are jaywalking. We help pedestrians sue for pain, lost wages, and damages all the time. Book a free consultation with Arash Law to see if you have a case.
How Fault Is Determined In A Jaywalking Car Accident In California
Under California law, a person is at fault for an accident when the accident occurred because of their negligence. Negligence occurs when a person fails to use the degree of care that a reasonable person would ordinarily use in similar circumstances.
Also, when someone violates a safety rule and the violation results in the type of harm that the rule seeks to prevent, courts often deem them negligent as a matter of law. Some examples of circumstances under which a driver may be negligent include:
- If the vehicle driver was texting and driving and hits you, they are in violation of California Vehicle Code 23123.5.
- If you are walking in a known and marked safety zone and get hit by a car, the driver violates California Vehicle Code 21709.
- If the driver is suspected to be under the influence of alcohol or drugs
- when the accident occurred, a court will likely deem them at fault
- The driver was not obeying traffic laws, such as speeding, running stop signs, or traffic lights.
- If the driver’s ownership of the negligence is precisely what led to your injuries in an accident, they will bear the brunt of the negligence in an accident.
- If you suffer damages in the form of lost work, medical costs, or property damage, the driver may be found more at fault as a result of the accident.
- These are just a few of the many examples that you may find that determine fault in a car accident involving a pedestrian.
In many cases, it can be difficult to determine whose fault an accident was. For this reason, it’s important to speak with an attorney after any incident in which you were hurt.
Contact A California Pedestrian Accident Attorney Today
If you are in an accident and were jaywalking at the time, it is easy to feel like you are partially to blame. Even if you were, you may still be able to recover compensation for your injuries. Pedestrian accidents happen all of the time in California, and pedestrians aren’t necessarily the negligent parties.
It can feel overwhelming to try and solve this problem by yourself. Call the car accident and pedestrian accident attorneys at Arash Law for a review and see if you have a case. If you suffered injuries from an accident when you were jaywalking, there is a good chance that you will be able to recover compensation.