Pedestrian accidents are all too common in California. Although you might feel like a pedestrian always has the right of way, this might not be the case. While a driver has a duty of care to avoid collisions with a pedestrian under certain circumstances, they cannot be expected to swerve away from someone who runs into the road without warning. What happens if you were struck by a car while crossing the road outside a crosswalk? Can you still file an injury claim and receive compensation for your injury? Or does the fact that you committed a traffic violation disqualify you from any compensation whatsoever?
The Definition of Jaywalking in California
Recently, California changed its stance on jaywalking. Thanks to the Freedom to Walk Act, California residents are now allowed to cross the street outside of crosswalks and intersections without fear of being fined. That being said, the new law makes it very clear that this is only allowed if there is no reasonable chance of a collision. So although jaywalking is technically legal in California, this does not mean that you can simply walk into the path of oncoming traffic with no legal consequences.
Along with the obvious injuries, walking into oncoming traffic in an unsafe manner will likely cause a traffic violation. That being said, it may be difficult to define what constitutes “crossing the street in a safe manner.” The obvious example would be crossing the street when the road is completely quiet and devoid of vehicles. What happens if you cross an empty street only to be struck by a reckless vehicle that screeches around a corner at 100 miles per hour? This might be a difficult situation for courts in California.
At the end of the day, the new jaywalking law in California may make it easier for victims to pursue compensation. Simply crossing the road outside of a crosswalk is no longer a sign of fault. Previously, a driver may have been able to argue that a pedestrian was automatically at fault when crossing outside of a crosswalk, even when the driver was operating their vehicle in a reckless manner.
California is a Comparative Negligence State
It is also worth noting that California is a comparative negligence state. This means that you can still pursue partial compensation if you were partially responsible for your own injuries. California’s comparative negligence system is said to be “pure” because there are no limitations involved. Other states may follow a “modified” comparative negligence system, which means that injured plaintiffs may lose all access to compensation if they exhibit a certain degree of fault (usually around the 50% level).
California’s pure system ensures that even victims who are 99% responsible for their own injuries may still sue. However, doing so may not be worth the effort, as these victims would only receive 1% of their normal compensation. This formula extends to all lawsuits. For example, a pedestrian who is only 25% responsible for their own injuries would receive 75% of their normal compensation. A pedestrian who is 50% responsible would receive half. A pedestrian who is 75% responsible would receive 25%, and so on.
How does this affect pedestrians who were struck while crossing roads outside of crosswalks? Essentially, it means that your decision to cross the road in an illegal manner will be weighed against the fault of the driver. The driver may have been guilty of various forms of negligence, including:
- Intoxication
- Distraction
- Speeding
- Street racing
If the driver’s negligence contributed more to the collision than your decision to cross the road, you can expect to successfully pursue compensation for your injuries. The only thing you need to keep in mind is that your own fault will lower your compensation amount.
Where Can I Find an Experienced Personal Injury Attorney in California?
If you have been searching for an experienced personal injury attorney in California, look no further than Miracle Law, APC. Even if you were partially to blame for your pedestrian accident, it may still be possible to pursue at least some compensation for your injuries. In a world with expensive medical treatments, this form of compensation can make a real difference. You may also receive compensation for your missed wages, which is crucial if your pedestrian accident has left you disabled. Book your consultation today to discuss the specifics of your accident, and don’t give up hope until you have received guidance from a personal injury attorney in California.