At Law Offices of Fernando D. Vargas, we handle a lot of complicated personal injury cases. In many cases, it’s not immediately obvious who’s at fault and who should be held accountable. This is especially true when it comes to a jaywalker being hit by a car in California. Let’s take a closer look at who can be found at fault. If you have questions about your specific situation, give us a call at 909-982-0707 for a free case evaluation.
A ticket isn’t the only reason to avoid jaywalking
Many people don’t realize that you can actually get a pretty significant ticket if you’re caught jaywalking in California. That said, a ticket isn’t the only reason you shouldn’t walk out in the middle of the street. In the event that you are involved in a pedestrian accident while jaywalking, you may have a weak case for recovering damages.
It all comes down to proving who was at fault
As with any accident, when it comes to an accident between a car and a pedestrian, deciding who is owed damages all comes down to deciding who was at fault. In pedestrian cases, it’s often obvious who’s at fault. Take this example. A man is waiting at a crosswalk. It changes from “don’t walk” to “walk” and so he does exactly that.
As that man is crossing the street, a driver glances down at their phone, misses the fact that their light has turned red, and hits the man crossing the street. In this case, it’s pretty obvious that the driver is in the wrong and would owe the pedestrian damages.
Of course, this isn’t every accident. What about a situation that was significantly different? What if the person crossing the street was doing it where there wasn’t a crosswalk? If they looked, didn’t see cars coming, and decided they could safely – though illegally – cross the street without going to a crosswalk? What if the drive was looking down at their phone and hit the person crossing the street illegally? Who is at fault in that situation?
This is where contributory negligence comes in
California is a contributory negligence state, which means that the case isn’t all or nothing. In the event that the person crossing the street was partially at fault for jaywalking, the driver is also partially at fault for looking down at their phone. This comes to play when it comes time to award damages in an accident.
Does this make sense to you? Does it sound like an accident that you’ve been involved in? If you need more information about your specific situation then reach out to Law Offices of Fernando D. Vargas today at 909-982-0707. We offer free consultations and can answer your questions about your case. Whether you were the driver or the jaywalker in this situation, you may be owed compensation. We will work to ensure you get what you’re owed.
