If you live in California, you likely seek more than one jaywalker every day whether you are walking or driving. Chances are, if you are walking somewhere, you might be the one jaywalking because literally, everyone else seems to do it. If the roads seem clear, then making the extra effort to walk to the nearest crosswalk seems like a waste of effort and time when you can just cross right there. Unfortunately, there are laws against jaywalking specifically because of how unsafe it is for pedestrians. Yet, the question remains, if a pedestrian is struck by a driver while they are jaywalking, can they still get compensation for the accident?
The short and easy answer? Like usual, it is a maybe.
Duty of Care Required By Drivers and Pedestrians
By California law, both driver and pedestrian are required to exercise a certain duty of care that can be at play in these cases. Drivers are required to yield to the right of way of pedestrians at both marked and unmarked crosswalks at intersections. They are expected to reduce speed when approaching an intersection with potential pedestrians and take caution for any crossings. Unfortunately, there are times when the driver can’t spot a pedestrian, and this becomes more likely when a pedestrian is jaywalking.
Similarly, the pedestrian is expected to take the same duty of care by not leaving the curb and walking into oncoming traffic. Doing so not only puts their safety at risk but the safety of the driver as well. Having to make an unexpected stop even at a crosswalk is dangerous when driving with even light other traffic as the driver can cause other auto accidents trying to avoid the pedestrian.
In truth, this duty of care still extends to jaywalking by both parties. However, as the pedestrian was jaywalking, it often limits their ability to get compensation for the accident. Though, the pedestrian is not without options. If the driver was also behaving badly, compensation can still be recovered.
Jaywalking pedestrians can still recover compensation if the driver was:
- Distracted Driving
Unfortunately, all of the above can occasionally be difficult to prove without the help of a skilled lawyer.
California Comparative Negligence
As a comparative negligence state, the portion that the jaywalking pedestrian can be placed at fault will be deducted from the compensation they can receive. For example, if a pedestrian who was jaywalking was deemed to be about 50 percent at fault for an accident with a driver that was speeding, they can only recover 50 percent of the damages awarded by the court.
This does mean that even if you were jaywalking, you can still recover some compensation if you were hit by a motorist. However, it also means that you might not recover all the compensation that you need to cover your medical bills. For this reason, it is really best if you just make the effort to walk to the nearest crossing. Being hit by a car is pretty traumatic, but if you have to be hit by a car, you should at least be able to recover full compensation for it because you were both following the law and exercising your duty of care as a pedestrian.
Were you one of California’s many jaywalking pedestrians that just, unfortunately, happened to be struck by a car? As you were doing something illegal, you may think your options for recovering compensation simply don’t exist. However, that isn’t true at all. Contact us today so we can look over your case. Come see how the Law Office of Freeman & Freeman can help you get the compensation that you deserve from a traumatic pedestrian accident.