If you were struck by a vehicle while jaywalking, you may still be entitled to compensation for your injuries. In California, jaywalking refers to crossing the street outside of a marked crosswalk or against a traffic signal. While it may affect how fault is assessed, it does not automatically bar you from recovering damages.
Because pedestrian accident cases involving jaywalking often involve complex questions of liability, it is essential to consult an experienced attorney as soon as possible to protect your rights and explore your legal options.
A Los Angeles pedestrian accident lawyer at Salamati Law understands the physical, emotional, and financial challenges that can follow a serious accident. Our goal is to help alleviate the financial burden by pursuing the compensation you need to support your recovery. Schedule a free consultation today.
Motorists Are Required to Exercise Reasonable Care
Under California law, drivers are required to exercise reasonable care to avoid striking pedestrians, even when the pedestrian is not in a crosswalk. If, for example, a motorist was speeding, they may still be held partially or fully liable for the injuries caused.
Common forms of driver negligence include:
- Texting, talking on the phone, or otherwise driving while distracted
- Running red lights or stop signs
- Driving under the influence of drugs or alcohol
- Failing to yield when turning at intersections
- Driving too fast for conditions, such as rain or low visibility
- Ignoring pedestrians already in the roadway
A knowledgeable pedestrian accident lawyer can investigate the crash, determine fault, and fight for your rights.
Understanding California Law About Pedestrian Accidents
The Freedom to Walk Act, which took effect in 2023, changed how jaywalking is treated in California. Under this law, pedestrians may legally cross the street outside of a marked crosswalk, provided they do so safely and without creating an immediate hazard. While this decriminalizes certain jaywalking behaviors, it does not eliminate potential civil liability in the event of an accident.
Importantly, even if you are found partially at fault for the collision, you may still pursue compensation. Under California’s comparative negligence rule, your total recovery is reduced by your percentage of fault. For example, if you are determined to be 20% responsible for the incident, you may still recover 80% of your total damages.
How an Experienced Jaywalking Accident Lawyer Can Help
When a pedestrian accident involves jaywalking, insurance companies often attempt to place full responsibility on the injured party. At Salamati Law, we are familiar with these tactics and know how to challenge them using clear evidence, expert testimony, and strategic legal advocacy, which includes the following:
Thorough Investigation of the Accident
We begin each case with a comprehensive investigation into the circumstances surrounding the accident. Our team gathers and analyzes all available evidence, including police reports, traffic or surveillance footage, witness statements, and physical evidence, to build a clear picture of what occurred.
We also evaluate whether the driver’s conduct, such as speeding, impaired driving, distraction, or other negligent behavior, contributed to the collision and your injuries.
Proving Fault
As noted, liability is often determined under the principle of comparative negligence. We focus on presenting clear and persuasive evidence to demonstrate that the driver’s negligence was the primary cause of the accident. By minimizing your degree of fault, we work to maximize the compensation you may recover under California’s comparative fault rules.
Negotiating with the Insurance Company
Insurance companies frequently use jaywalking as a basis to offer low initial settlements or deny valid claims altogether. We are prepared to challenge these tactics. Our attorneys manage all communications with the insurer and work aggressively to secure a fair outcome. If the insurance company refuses to offer fair and reasonable compensation for your injuries, we are fully prepared to take your case to court.
Potential Compensation in a Pedestrian Accident
Compensation in a jaywalking pedestrian accident claim may include:
- Medical expenses: Coverage for emergency treatment, hospital stays, surgeries, medications, rehabilitation, and ongoing medical care
- Lost wages: Reimbursement for time missed from work due to injuries, as well as loss of future earning capacity if you are unable to return to your prior occupation
- Pain and suffering: Compensation for the physical pain, discomfort, and diminished quality of liferesulting from the accident
- Long-term care needs: Costs associated with in-home care, assistive devices, mobility aids, or home modifications required due to permanent injuries or disability.
These damages are meant to address both the immediate and long-term impacts of your injuries.
Schedule a Free Consultation Today
Salamati Law is prepared to help you fight for maximum compensation in your jaywalking pedestrian accident claim. Our track record is second to none. We are with you – every step of the way. Contact us today to schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
