Jaywalking, which is the act of crossing a street illegally, happens across the state – and the country – everyday. It can be aggravating to stop your car because someone darts out in front of you, especially when there are available crosswalks. In some cases, a person may cross the street so suddenly that you could not see them coming. Are you still held responsible for this type of pedestrian accident?
The answer is not as simple as a yes or no. If you have found yourself in this position, then we highly recommend contact a personal injury attorney to better understand the specifics of your unique case. You can also read on to learn the basics of these cases.
Pedestrian Accident Laws
According to California Vehicle Code, pedestrians and motorists alike have the duty to exercise care and caution when they are on the road. Drivers must yield the right of way to any pedestrian how is crossing in either a marked crosswalk or at an intersection – even if said intersection does not have a marked crosswalk. Drivers are required to slow down and do whatever is necessary to prevent injuring the pedestrian.
Pedestrians have their own responsibilities and duty of care. They include not leaving the curb or any place that is considered a “safe zone” to walk into the path of vehicles t
What Happens When a Pedestrian is Injured While Jaywalking
It is against the law to jaywalk in California. This means that a pedestrian who is crossing anywhere other than a marked crosswalk is required to yield the right of way to oncoming traffic. That said, if a person is hit while jaywalking, the driver can still be found partially at fault.
Some examples of ways in which the driver would be partially at fault including if the driver was speeding, driving while distracted, intoxicated, or simply not paying attention to the road. If one or more of these facts are true, or if there was another way they contributed to the accident, then they can be found partially responsible for the accident.
This is Where Comparative Negligence Becomes Relevant
While the above pedestrian accident may seem complex on the surface, it is not – thanks to the fact that California is a comparative negligence state. This means that both parties can be held accountable, each to their percentage of fault.
For example, let us say you were driving a car when a pedestrian crossed illegally and you struck them. It was then discovered that you were speeding. If the police say that you were 20% at fault and the pedestrian was 80% at fault, and you suffered $100,000 in damages and injuries, then you would be eligible to recover 80% of that $100,000 for a total of $80,000. Likewise, the pedestrian would be able to recover 20% of their injuries and damages.
