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Can You Sue If You Were Hit By A Car While Jaywalking?
In many cases, you may be able to pursue a claim if you were hit by a car while jaywalking in California. 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 may be able to pursue. 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 26 percent of all traffic fatalities in California being pedestrians.
Children under the age of 14 face significant risks as pedestrians, with pedestrian fatalities representing a concerning portion of child traffic deaths. Some areas of California, such as parts of the Central Valley, have higher rates of pedestrian fatalities. Los Angeles County reports a significant number of non-fatal pedestrian injuries, which may be related to its large population and traffic volume.
Is Jaywalking Illegal?
Yes, jaywalking is illegal, but it is now decriminalized in California. 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 except 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 might have grounds to seek damages. The California car accident attorneys at Arash Law have been advocating the rights of clients in pedestrian personal injury claims for decades. Call us at (888) 488-1391 for a free initial consultation, and we will review your case and help you explore your legal options.
Our attorneys work on a contingency fee basis. This means you will not owe any attorney fees unless we recover compensation for you. However, clients may still be responsible for other case-related costs, regardless of the outcome.
How Comparative Negligence Works In California
Under California’s comparative negligence law, people who are partially at fault for their accidents can still pursue compensation for their injuries and losses. 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, they 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, depending on the specifics of your case, you may be able to sue if you get hit by a car while jaywalking. We help pedestrians file a claim for compensation that may include pain, lost wages, and other losses. Schedule a free initial consultation with Arash Law at (888) 488-1391 to determine if you have a case.
Disclaimer: The provided example above is for illustrative purposes only and does not guarantee any specific result. Actual compensation will depend on the unique facts and circumstances of each case, as determined by the court. Consult a qualified attorney for advice regarding your individual situation.
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 hit 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 of being 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 ignoring traffic lights.
- If the driver’s negligence directly caused your injuries in an accident, they will be held primarily responsible.
These are just a few of the many examples that can help determine fault in a car accident involving a pedestrian.
In many cases, it can be difficult to determine whose fault an accident was. Consulting with an attorney after any incident can assist in identifying potentially liable parties and help you establish negligence.
Reach Out To A California Pedestrian Accident Attorney
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 pursue compensation for your injuries, depending on the circumstances. Pedestrian accidents happen all the time in California, and pedestrians aren’t necessarily the negligent parties.
It can feel overwhelming to try to solve this problem by yourself. Call the car accident and pedestrian accident attorneys at Arash Law for a free case review and determine if you have a valid claim. If you suffered injuries from an accident while you were jaywalking, compensation may be available depending on the facts and circumstances of your accident.
We have extensive experience assisting car accident victims throughout California, including both residents and visitors, in a wide range of personal injury claims. Complete our “Do I Have A Case?” form here or call (888) 488-1391 to schedule a free initial consultation.
