Who is At Fault if a Pedestrian is Hit by a Car While Jaywalking?

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Can I Sue if I Was Hit by a Car While Jaywalking?

Can I Sue if I Was Hit by a Car While Jaywalking?

Jul 12, 2022

Pedestrian accidents are a frequent occurrence in Los Angles. Data provided by the University of Southern California confirms that more than 14,230 pedestrians were injured in motor vehicle collisions on Los Angeles city streets between 2012 and 2016. During that time, 439 pedestrians were tragically killed in traffic accidents.

Can I Sue if I Was Hit by a Car While Jaywalking?

But pedestrian accidents represent a troublesome issue which has an impact throughout California, with the Office of Traffic Safety (OTS) confirming 893 deaths on state roadways in 2018. That figure represents a staggering 26% increase from 2014.

With so many pedestrian accident injuries and fatalities occurring in Los Angeles County and throughout California, Mayor Eric Garcetti signed an executive directive stablishing Vision Zero L.A., a program within the city’s Department of Transportation which aims to eliminate all traffic deaths by 2025.

While Vision Zero is an ambitious initiative, pedestrian accidents continue to occur regularly on Los Angeles streets. One of the most common questions encountered by the dedicated personal injury lawyers at Dordulian Law Group is:

If I was jaywalking and got hit by a car, can I still sue for my injuries?

Let’s look at that question in greater detail in the sections below. We’ll also provide information on how to file a pedestrian accident injury civil claim, review what types of damages may be recovered for your specific case, and include details on how to arrange for a free and no obligation consultation with a Dordulian Law Group (DLG) personal injury or car accident lawyer.

What Does California Law Say About Jaywalking?

What Does California Law Say About Jaywalking?
California Vehicle Code 21954 states:

(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

This means that, while a pedestrian crossing the street at any location other than a marked or unmarked crosswalk (or at an intersection) should always yield the right-of-way to all vehicles on the road, jaywalking is still technically considered legal so long as it is done with caution. While a ticket or citation may be issued for jaywalking, if a pedestrian is acting in a manner which is not considered “an immediate danger,” he or she may not be held liable in the event of a car accident or other type of motor vehicle collision.

In other words, jaywalking laws are in place in California, but they are also open to interpretation – particularly when car accidents leading to injuries or fatalities occur. This is just one of the many reasons why hiring the best pedestrian accident lawyer to handle your claim is so important.

What Happens if a Pedestrian is Hit by a Car While Jaywalking?

California follows what’s known as comparative negligence in personal injury law. What this means is that when an accident involving an injury occurs due to negligence, a percentage of liability is assigned to all involved parties. In some cases, a single party may share 100% of the liability. An example of such a scenario could be a driver who was texting at the time of a car accident.

However, when it comes to pedestrian accidents involving jaywalking, determining fault may not be as straightforward. While pedestrians have a duty of care to follow the traffic laws, liability in pedestrian accidents – particularly those involving jaywalking – can be complex and require a skilled personal injury lawyer in order to reach a successful and just conclusion.

Who Is At Fault if A Pedestrian Is Hit While Jaywalking?

California’s comparative negligence laws ensure that overall liability will determine how much financial compensation an injured victim recovers – whether for a pedestrian, car, truck, or motorcycle accident. For example, if you were injured while jaywalking but the driver of the vehicle which struck you was distracted while behind the wheel, you may be able to recover financial compensation for various damages.

If, for example, you were found to be 30% liable for your jaywalking pedestrian accident and received a $1 million settlement for things like medical bills and lost wages, the ultimate amount you would actually be awarded would be $700,000 (reduced according to the 30% liability you shared). In short, comparative negligence is intended to help award fair and just settlements or verdicts to injured victims who may share some liability for accidents.

However, proving liability in a pedestrian accident where you’ve been jaywalking is something that will almost certainly require the knowledge, skill, and experience of a proven personal injury lawyer from DLG. We’ve helped countless injured victims secure maximum financial compensation for all types of injuries – car accidents, truck accidents, motorcycle accidents, Uber/Lyft accidents, pedestrian accidents, and more. Remember – when you’re injured in a pedestrian accident involving jaywalking and share some liability for the incident, you still may be eligible to recover substantial financial compensation under California’s comparative negligence law.

If you’ve been injured in a pedestrian accident, contact DLG’s dedicated personal injury lawyers today at 818-322-4056.

For additional information on California’s comparative negligence law, please visit DLG’s recent blog.

How Can I Recover Financial Compensation for a Pedestrian Accident Injury?

The best way to ensure that you recover all applicable damages for your pedestrian accident injury claim is by securing the representation of a skilled and proven attorney who has experience handling such cases and recovering maximum financial compensation for clients. At DLG, we’ve helped myriad pedestrian accident victims secure the compensation necessary to make a complete recovery which includes their physical, emotional, and financial well-being.

Filing a personal injury claim can be a means of ensuring that justice is served, but also that you as a victim are made “whole” for any losses sustained as a result of your accident. When you reach out to a pedestrian accident lawyer from DLG for a free consultation, we will review the facts of your case, provide you with all available legal options, offer a timeline for the litigation process and a possible cash settlement, and include an estimate for how much your final damages award may be worth.

Do I Need to Hire a Lawyer if I’m Injured in a Jaywalking Pedestrian Accident?

Hiring an experienced personal injury lawyer after a pedestrian accident is always recommended. Doing so can help ensure that your claim is maximized – meaning you recover the greatest financial compensation available. But having a dedicated attorney also ensures that your rights are protected, and that you do not agree to accept more liability than you are actually responsible for (or to a settlement that is unfair). This can be especially important if you’ve been accused of jaywalking.

Moreover, hiring a pedestrian accident lawyer from Dordulian Law Group can be invaluable when attempting to recover subjective and intangible damages such as pain and suffering. An experienced lawyer will know how to best present the facts of your case to prove the true amount of financial compensation you deserve for things like pain and suffering, emotional trauma, and more.

And studies have shown just how important it can be to hire the absolute best personal injury lawyer available. One such study, by the Insurance Research Council (IRC), recently confirmed the following personal injury claim statistics:

  • Settlements for injured claimants were 40% higher when they had secured private legal representation.
  • The average insurance payout was 3.5 times higher for injured victims who hired private attorneys (when compared to those representing themselves).
  • 85% of all money paid by insurance companies for bodily injuries is received by victims who have secured representation from a private personal injury attorney.

What Damages May be Recovered in a Pedestrian Accident Injury Lawsuit?

Even if you are partly responsible for your jaywalking pedestrian accident injury, you may be able to recover financial compensation. If the other party involved shared a portion of negligence or carelessness, economic and non-economic damages may be awarded after your accident. The specific damages that you may recover can vary depending on the unique circumstances of your jaywalking pedestrian accident (e.g. severity of your injuries, the extent of the driver’s liability, the driver’s past record, etc.).

The most common examples of pedestrian accident damages in civil lawsuits are broken down below according to type.

Common California Pedestrian Accident Injury Economic Damages:

  • Medical expenses
  • Emergency department treatment
  • Physical Therapy
  • Rehabilitation
  • Lost Wages
  • Lost Earning Capacity

Common California Pedestrian Accident Injury Non-Economic Damages:

  • Pain and suffering
  • Emotional trauma
  • Reduced quality of life
  • Scarring or other serious injury
  • Compensation for loss of a limb or disfigurement

Hiring a DLG pedestrian accident lawyer can help ensure that your personal injury claim is maximized, and that you recover all applicable damages after an incident due to negligence. Our Personal Injury Division is led by Sam Dordulian, a former Deputy District Attorney for Los Angeles County. With more than 25 years of experience, Dordulian has helped innumerable injured victims secure the maximum financial compensation they deserve.

To learn more about how important it can be to have an experienced DLG California pedestrian accident lawyer handling your case, take a look at our in-depth blog on how pain and suffering damages are calculated in personal injury civil claims.

How Much is a Pedestrian Accident Injury Lawsuit Worth?

The value of your pedestrian accident injury case will depend on a number of factors, such as:

  • The severity of your injuries
  • How those injuries will impact your quality of life/ability to work
  • The degree of negligence you share if you were jaywalking at the time of the incident
  • The degree of negligence on the part of the defendant
  • Whether or not you have medical documentation to support your claim
  • Whether there are witnesses or others to support your version of events
  • Whether you filed your claim within the two-year statute of limitations

Pedestrian accident injury cases often lead to substantial financial damages awards when negligence is clearly involved. DLG’s pedestrian accident lawyers recommended that you arrange for a free consultation as soon as possible to determine whether or not you may be entitled to financial compensation. In many cases, financial damages may be awarded, even if you shared some liability for the incident.

At DLG, we promise to always pursue the maximum financial compensation you deserve for your personal injury or pedestrian accident claim.

What if I Was Injured as a Driver Due to a Jaywalking Pedestrian?

If a pedestrian was jaywalking and caused you to swerve or lose control of your vehicle leading to an accident injury, you may be entitled to financial compensation through a civil claim. Pedestrians have a duty of care to obey traffic laws and signals, and acting in a manner that endangers anyone – whether a driver, passenger, or other pedestrian – can be grounds for negligence in a civil lawsuit.

If you’ve been injured in a car accident due to a jaywalking pedestrian, contact DLG’s experienced lawyers today for a free consultation.

How Long Do I Have to File My Pedestrian Accident or Car Accident Lawsuit?

It’s important to file your pedestrian accident injury claim as soon as possible to preserve any evidence you may need to prove your case. By contacting a member of our team at 818-322-4056, we can begin the legal process which ensures that maximum financial compensation is pursued within the typical two-year statute of limitations under California law. DLG’s pedestrian accident lawyers will work with medical experts and other <>investigative professionals like our in-house Chief Investigator with 30 years of experience in the LAPD, Detective Moses Castillo. Our team will help gather and preserve crucial evidence that will strengthen your pedestrian accident injury claim – even if you happened to be jaywalking but were only partially responsible for the incident.

Our experienced attorneys can help you pursue a financial award for your personal injury case. Contact us online or by phone for a free consultation today.

DLG’s Los Angeles personal injury lawyers have secured more than $100 million in settlements and verdicts for clients while maintaining a 98% success record. With our No Win/No Fee Guarantee, there is never any upfront cost for our expert pedestrian accident injury legal representation, and you never pay a dime until we successfully secure a maximum financial damages award for your claim.

Contact a DLG Los Angeles, California, pedestrian accident injury lawyer today at 818-322-4056 to arrange for a free consultation.

Don’t miss the deadline for filing your pedestrian accident lawsuit. Injured victims who fail to file claims quickly may not be able to recover maximum financial compensation for a variety of reasons. Additionally, those injured pedestrian accident victims who do not file claims within the statute of limitations typically waive their right to seek critical financial compensation for damages.

For a pedestrian accident injury, the only call you need to make is to the experienced lawyers at DLG.

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