Can You File a Claim if You Were Hit By a Car While Jaywalking in California?
Yes, you can still file a personal injury claim if you were hit by a car while jaywalking in California. Even if you are assigned part of the blame for breaking California’s law against jaywalking, the state’s comparative negligence rule preserves your right to recover partial compensation from an at-fault driver.
What Counts as Jaywalking in California?
Jaywalking is a term used to describe a pedestrian crossing a roadway at a place outside of a crosswalk between two intersections, or crossing against a red light. Jaywalking is illegal under California Vehicle Code §21954, which states:
(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.
However, the law also states that jaywalking does not relieve a motor vehicle driver from the duty to “exercise due care for the safety of any pedestrian upon a roadway.” Despite jaywalking, drivers still have a legal responsibility to prevent pedestrian accidents as much as possible with due care and attention.
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What Is California’s Comparative Negligence Law?
Jaywalking or crossing the road illegally does not automatically bar a pedestrian from recovering financial compensation for his or her injuries after getting hit by a car in California. As long as the pedestrian is not 100 percent at fault, he or she can still recover a diminished financial award.
Under California’s comparative negligence law, a plaintiff or filing party can still receive a monetary award if he or she is allocated a percentage of liability. However, any settlement or verdict granted will be reduced by a value equivalent to the victim’s degree of fault.
In a pedestrian accident case where the evidence shows that the victim crossed the street in an illegal place or did not have the right-of-way, he or she will receive a smaller settlement. If the victim is assigned 25 percent of fault, for example, but the driver was assigned 75 percent, the victim’s settlement would be reduced by one-fourth.
Tips for Filing an Injury Claim After Jaywalking in California
State law may protect your right to recover financial compensation from a driver after getting hit by a car while jaywalking, but that doesn’t mean a car insurance company won’t try to use it against you. The best way to protect your rights is by hiring a personal injury lawyer to represent you during the claims process.
Do your best to document the accident, such as by calling the police to report the collision, taking pictures at the scene, and exchanging information with the driver and any eyewitnesses. Do not admit fault or apologize to the driver, even if you were not supposed to be crossing the street at the time of the crash. Get immediate medical care for your injuries.
If defective road or sidewalk conditions forced you to jaywalk, document this in detail and contact a premises liability lawyer. Dangerous conditions for pedestrians can point to city liability for a related accident, even if you were jaywalking. It is the municipal government’s responsibility to ensure pedestrian safety with proper sidewalks, walkways and crosswalks.
When you’re ready to pursue financial compensation for your pedestrian accident in Los Angeles, contact a local Los Angeles injury attorney at Rose, Klein & Marias, LLP to request a free case review. Our lawyers can help you get the most out of your claim with aggressive negotiation and litigation strategies.