Most people know that pedestrians have the right of way on California streets but does that apply to pedestrian accidents in which said pedestrian was jaywalking? The answer is not as simple as a yes or no. Keep reading to get the facts about who is responsible for injuries after a pedestrian is hit while jaywalking. If you have been injured and need a free consultation with a personal injury attorney, contact The Law Offices of Larry H. Parker at 800-333-0000 right away.
California Laws Regarding Pedestrian Accidents
People driving cars and pedestrians have the responsibility to exercise due care and caution when on the road. The California Vehicle Code says that drivers must yield the right of way to pedestrians who are crossing on a marked crosswalk or an unmarked crosswalk at an intersection. If a driver approaches a pedestrian on either of these, said driver should reduce speed and let the pedestrian walk.
That said, the pedestrian has a duty of care not to leave the curb and walk into the street to cause immediate danger. Negligence is generally assumed by the driver if the driver violated a statute or violation that causes the pedestrian injury.
Cases in Which a Pedestrian is Injured While They Are Jaywalking
It is illegal for a person to jaywalk in California. If a pedestrian is on the road and wants to cross anywhere that is not a marked crosswalk or intersection, then they must yield the right of way to any traffic that’s coming. That said, if a pedestrian is injured while jaywalking they may still have legal options. The driver is still required to exercise a duty of care even if the pedestrian is not crossing legally.
Liability can be shared between the driver and the pedestrian if the driver was speeding, intoxicated, driving while distracted, or otherwise not paying attention to the road. This may not mean they are 100% at fault from a legal standpoint but California does not require that be the case.
Understanding Comparative Negligence
Comparative negligence is the law in California. It means that the amount of negligence a person has is related to their amount of fault. For example, if you are found 20% at fault for your accident and the driver was found 80% at fault, then you would still be able to recover 80% of the damages you would have been able to recover if it had been entirely their fault.
If you are in this situation then your next step should be to contact a personal injury attorney. At The Law Offices of Larry H. Parker we are ready to provide a free legal consultation. Feel free to call us at 800-333-0000 if you want to know what your rights are after being involved in a pedestrian accident.