Can I Be at Fault if I Was Hit By a Car While Jaywalking?

 Posted on October 17, 2022 in Personal Injury

The beautiful weather in Los Angeles entices many people to get out and go for a walk. But urban areas are normally bustling with traffic congestion and pedestrians rushing to cross the street or catch the bus. A pedestrian accident with a motor vehicle, especially if you are jaywalking, can have you wondering if you are entirely to blame. 

Jaywalking

Jaywalking is not legal anywhere in California. If you cross the street under the following circumstances it would be considered jaywalking:

• Crossing at a crosswalk when a light is flashing “do not walk”

• Crossing at a crosswalk outside a crosswalk

• Crossing the street 15 feet from a marked crosswalk 

There are instances in which a pedestrian must cross the street outside of the crosswalk - for example, if there is ongoing construction. In this case, the pedestrian would need to yield the right of way to oncoming vehicles. The law is also in place so that drivers exercise care for the safety of pedestrians. 

Establishing Fault

If you were jaywalking and got hit by a car, you may be able to file a lawsuit against the driver if he or she was not paying attention to the road or was drunk at the time of the accident. If the driver was unable to stop in time to avoid an accident, they may be liable even if you were jaywalking. However, you may recover only a portion of a monetary award under the state’s comparative negligence laws if you were breaking a traffic law and you also played a role in your accident. 

This law divides up fault between all parties. So if you claim that the driver caused your accident, for example, but the driver claims the accident was caused by you jaywalking, a jury will decide what percentage of fault corresponds to the driver due to their negligence. Your percentage of responsibility reduces the overall award for damages. 

Jaywalking in The Future

On New Year’s Day, 2023, The Freedom to Walk Act will go into effect and decriminalize jaywalking. It will allow pedestrians to cross the street away from street lights or an intersection without being cited as long as it is safe to cross. However, a police officer will still be able to give you a ticket for jaywalking if he or she believes that a reasonably careful person would realize there is an immediate danger of an accident occurring.

Contact a Glendale, CA Pedestrian Accident Lawyer

If you have been involved in a pedestrian accident call Tahmazian Law Firm, P.C. for additional guidance. An LA County pedestrian accident lawyer will help you take the steps needed if you have suffered injuries after being hit by a vehicle. Call 818-242-8201 for a free consultation. 

Sources:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2147 

https://www-fars.nhtsa.dot.gov/states/statespedestrians.aspx