Jaywalking and Liability: Can You Still Get Compensation If You Crossed Outside a Crosswalk?

You ran across the street in the middle of the block, didn’t see the oncoming car, and ended up in the hospital with a broken leg. The driver had plenty of time to see you, and they’d been drinking. But you were jaywalking, so you’re out of luck, right?

Thankfully, no. California law and the pure comparative negligence rule let you recover damages for your personal injury claim. You may get less of a recovery than you’d hoped, but you can still file a claim.

Jaywalking in California—No, it isn’t Legal

In California, jaywalking is not legal, it just isn’t illegal. California Vehicle Code 21955(b) says that police may not stop a pedestrian crossing outside a crosswalk “unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.” You still have to be careful.

Drivers also have a duty of care to pedestrians, whether they are in crosswalks or not. Everyone should pay close attention when they drive and cross the street. Accidents happen because people decide to run across the street in the middle of the block.

Comparative Negligence and Liability

California’s pure comparative negligence rule means that even if you are partially responsible for your injuries, you can still recover damages after an accident. Your recovery is reduced by your percentage of fault.

After an accident, insurers attempt to determine who was most responsible. Was it the driver who was going too fast, or the pedestrian who leaped out in front of the car? Was the driver drunk, or was the pedestrian talking on their cell phone? Perhaps both of them were equally responsible.

In some states, a party must be 50% or less responsible to recover damages after an accident. In a few states which use “contributory negligence” even 1% fault will prevent a victim from recovering damages.

In California, the degree of fault reduces your recovery by that amount. For instance, suppose the insurers decide you were 30% responsible for your accident. If the total award in your case was $100,000, you could still recover $70,000 on your claim.

You’re Not Completely Off the Hook

Even under California law, you’re not free to dash into traffic because the law says so. It is possible for a pedestrian to be the cause of the accident. If the vehicle driver was following all the rules and your reckless actions made them swerve to avoid hitting you, you could be the one paying for the accident. Just like in a car crash, the presence or absence of a ticket does not mean you’re free of liability.

If you are involved in a pedestrian-versus-auto accident, you need legal representation immediately. Fault and liability can be hard to prove in these accidents, so you need a skilled legal team on your side. The Brand Law

Group knows how to present pedestrian accidents, even if you were jaywalking, and we can help you get the compensation you deserve. Contact us today to discuss your case.