Jaywalking may seem like a minor infraction, but when it leads to a pedestrian accident, questions of liability can become complicated quickly. If you find yourself involved in such an accident in California, the answer to who is at fault isn’t always straightforward.
While jaywalking is against the law, drivers are still required to exercise caution and may share liability if they were not driving responsibly.
When Can I File a Pedestrian Accident Claim?
In a pedestrian accident in Long Beach, the driver who caused the crash is generally responsible for covering your damages. California uses an at-fault system, which means the at-fault driver’s insurance is expected to pay for your injuries and related losses.
But to secure compensation as a pedestrian, certain conditions must apply to your case:
- The driver acted recklessly or negligently. This could mean they were speeding, distracted by their phone, ran a red light, or simply weren’t watching the road.
- Their negligence directly caused the accident. The driver’s careless actions must be the reason you were hit.
- You suffered real harm because of the crash. This includes physical injuries, emotional distress, lost income from missing work, or medical bills for emergency care, therapy, or ongoing treatment.
Even as a pedestrian, you can seek compensation if these elements are present, and a personal injury lawyer can help you prove them.
Understanding Jaywalking in California
Jaywalking is now legal in California, but only when it’s safe.
Under the Freedom to Walk Act (Assembly Bill No. 2147), you can cross streets outside of crosswalks as long as there’s no immediate danger. No oncoming traffic. No reckless moves.
But don’t mistake this for a free pass. If you jaywalk recklessly, you can still face fines of up to $196 or more.
This law is designed to protect you, reducing unnecessary police stops and fines. However, your safety comes first. Crossing dangerously puts lives at risk, including your own. Stay alert. Stay smart.
Do Jaywalkers Have the Right-of-Way in California?
Although jaywalking is now allowed under specific conditions, it does not automatically grant you the right-of-way.
Under California Vehicle Code Section 21950, pedestrians have the right-of-way at marked and unmarked crosswalks, but this right comes with responsibility. Safety isn’t guaranteed if you act recklessly. The law also makes it clear that pedestrians must not:
- Suddenly leave the curb and enter the path of a vehicle,
- Delay traffic unnecessarily by standing or walking slowly across the road,
- Cross when it is clearly unsafe to do so.
In short, just because you’re walking doesn’t mean drivers must always stop for you, especially if you enter traffic recklessly.
If you ignore these rules and step into harm’s way, you could face not only a citation but also lose your right to recover full compensation if you’re injured.
Who Is at Fault in a Pedestrian Accident Involving Jaywalking in Long Beach?
Responsibility in a pedestrian accident involving jaywalking isn’t always clear-cut. It depends on the specific details. Sometimes the pedestrian is at fault, sometimes the driver, and often, both share responsibility.
Does Jaywalking Automatically Make Me Responsible for the Crash?
No. Jaywalking does not automatically make you responsible for a pedestrian accident since it is legal in California. However, you could be held accountable for the crash if you cross the street unsafely.
Examples include:
- Walking in a bike lane instead of using the sidewalk
- Crossing between intersections without using a crosswalk
- Ignoring a “Don’t Walk” sign
- Stepping onto the road without checking for cars
When a pedestrian’s actions primarily cause the crash, getting compensation can be very difficult. You may end up covering medical bills, lost wages, or even paying for vehicle damage.
If the Driver Was Negligent, Does That Change Who Is at Fault?
Drivers have a duty of care: a critical responsibility to ensure safety on the road. This means acting with caution to protect everyone: passengers, pedestrians, cyclists, and other drivers.
The law is clear. Drivers must follow safety rules and traffic laws to prevent accidents, injuries, and loss of life. To uphold this duty, drivers must:
- Obey road signs and signals
- Follow speed limits
- Avoid distracted, drunk, or reckless driving
- Comply with all state-mandated laws
When drivers neglect these responsibilities, they can and will be held accountable. A driver could be held responsible if they were:
- Speeding
- Distracted
- Driving under the influence
- Acting recklessly
For example, if you carefully cross an empty road and a speeding driver hits you, the driver could be at fault. To hold them accountable, you must prove four elements of negligence:
- They owed you a duty of care
- They failed in that duty
- Their failure caused the crash
- You suffered harm because of it
If proven, they may owe you compensation for medical expenses, lost income, pain, and more.
Can a Pedestrian and a Driver Both Share Fault for the Pedestrian Accident?
In many cases, both play a role. For instance, you might cross without fully checking for traffic while the driver who hit you was texting. In this case, blame is shared.
California’s pure comparative negligence law allows you to receive compensation even if you were mostly at fault. Your recovery is reduced by your share of the blame. For example:
- If a pedestrian is determined to be 50% responsible for their accident, they can only recover 50% of the awarded damages.
- A pedestrian 20% at fault could recover 80% of the total damages.
These cases can be complex, and insurance companies often blame pedestrians to avoid paying. A Long Beach pedestrian accident lawyer can investigate whether the driver, pedestrian, or both share fault under California’s comparative negligence laws.
What Damages Can I Seek Compensation for in a Pedestrian Accident?
Being hit as a pedestrian can leave you dealing with more than just physical pain – the financial and emotional impact can be equally overwhelming. Fortunately, if the driver was at fault, you have the right to seek compensation for the harm you’ve experienced. Here’s a breakdown of the damages you may be entitled to recover:
Medical Expenses
You can pursue compensation for all medical costs related to your injuries, such as:
- Emergency room visits
- Hospital stays
- Surgeries and medical procedures
- Prescription medications
- Physical therapy and rehabilitation
- Future medical care, if ongoing treatment is required
Lost Income
If your injuries have disrupted your ability to work, you may be eligible to recover:
- Wages lost during your recovery period
- Future income if your earning potential has been reduced or lost entirely
Pain and Suffering
Pedestrian accidents often result in lasting physical and emotional trauma. You may be entitled to compensation for:
- Physical pain caused by your injuries
- Emotional distress, including anxiety, depression, or PTSD
- Loss of enjoyment of life if you are no longer able to engage in activities you once loved
Additional Damages
Depending on your situation, you might also seek:
- Property damage (for example, if personal belongings like your phone or bag were damaged)
- Out-of-pocket expenses (such as transportation costs for medical appointments)
- Punitive damages (in rare cases where the driver’s actions were particularly reckless or intentional)
An experienced Long Beach pedestrian accident lawyer can help you assess the full extent of your losses and fight for the compensation you deserve.
Does the Location Affect Fault in Jaywalking Cases?
The location of an accident, like near a school zone or intersection, plays a critical role in determining fault in a jaywalking case.
In high-risk areas, such as school zones, intersections, or spots with heavy pedestrian traffic, drivers have a clear legal duty to stay alert, slow down, and watch for pedestrians. Failing to meet these responsibilities can make the driver partially or fully at fault, even if jaywalking occurred.
So, if you crossed outside a crosswalk near a school and the driver was speeding or distracted, the driver could still be held accountable. Locations like these demand greater caution from drivers.
On the other hand, if the jaywalking happened where drivers wouldn’t reasonably expect pedestrians, like on a highway, the pedestrian may bear more responsibility.
It’s simple: the location sets the standard for the level of care required from both the driver and the pedestrian. An experienced Long Beach pedestrian accident lawyer will fight to show how the location impacted the fault, ensuring your rights are protected.
Should I Speak with the Driver’s Insurance Company about Fault or Liability?
It is not a good idea to talk to the driver’s insurance company about fault or liability after a pedestrian accident, especially if you were jaywalking or think you might share some blame.
Remember that insurance companies are not on your side. Their goal is to minimize payouts, and they’ll use anything you say to deny or reduce your claim. Even a casual comment like “I wasn’t paying attention” could hurt your case.
Here’s what you need to do instead:
- Let your Long Beach pedestrian accident lawyer handle all communication with the insurance company.
- Focus on recovering and gathering key evidence, like medical records and witness information.
- If you must speak to them, stick to the facts; no opinions, no discussions about fault.
Pedestrian accident attorneys are your strongest allies. They’ll protect your rights, prevent costly mistakes, and fight tirelessly for the compensation you deserve. Don’t go up against insurance companies alone; get the support you need to win.
What to Do when a Driver Hits You as a Pedestrian in Long Beach, CA
If a driver hits you as a pedestrian in Long Beach, CA, what you do next is critical. Your health, safety, and ability to secure fair compensation depend on swift and decisive action. Here’s what you need to do:
Put Your Health First
- Get medical attention immediately, even if you feel fine. Serious injuries like head trauma or internal bleeding may not show symptoms right away.
- Call the Long Beach police or ensure someone else does. Let paramedics check you at the scene. Your health is non-negotiable.
Report the Accident
- Stay at the scene. Wait for the police. A police report is essential and will serve as crucial evidence later.
- Be truthful in your statement, but avoid admitting fault or speculating about what happened.
Collect Evidence Immediately
- Take photos of your injuries, the vehicle, the license plate, and the accident scene. Document traffic signals, crosswalks, and skid marks.
- Get contact information from the driver, witnesses, and anyone who stopped to assist. Every detail matters.
Guard Your Information
- Do not discuss fault with anyone, including the driver or their insurance company.
- Avoid sharing anything on social media. Their adjusters will use anything they can against you.
Get Expert Legal Help from Experienced Pedestrian Accident Attorneys
- Work with a Long Beach pedestrian accident lawyer. They’ll fight for your rights, manage communication with insurers, and ensure you receive the compensation you deserve for medical bills, lost wages, and pain and suffering.
- In cases where fault is disputed, like jaywalking, legal guidance is essential. A lawyer will stand by you, protect your interests, and ensure you’re not taken advantage of.
Your well-being and rights come first. Take charge, get the support you need, and ensure your protection every step of the way.
Get the Support You Need
Collisions involving pedestrians can have devastating ripple effects. For example, a swerving car attempting to avoid a jaywalker might cause secondary accidents, including harm to other pedestrians or vehicles. These incidents emphasize the importance of exercising care and following traffic laws.
If you’ve been involved in a pedestrian accident in Long Beach, our team of pedestrian accident attorneys can help you pursue full compensation. At The Law Offices of Larry H. Parker, we’re dedicated to advocating for you and ensuring you receive the compensation you deserve. Our team has the experience and determination to fight for what’s right.
How a Long Beach pedestrian accident lawyer can help:
- Investigate the accident to determine liability.
- Gather evidence, including witness statements and accident reports.
- Handle communication with insurance companies.
- Negotiate for fair compensation for medical bills, lost wages, and pain and suffering.
- Represent you in court if a settlement cannot be reached.
Don’t leave your case to chance. Contact us today for a free legal consultation at 800-333-0000. We’ll review your case, explain your options, and stand by your side every step of the way. With our pedestrian accident attorneys, you’ll always have a powerful advocate in your corner.
Unsure what to do after an accident? Let our auto accident lawyers review your case for free.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California rideshare accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“Minor traffic case handled efficiently…everything took place just as described by your representative. Simple and straightforward.” – Kevin Appleton
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we have answered some of the most frequently asked questions about road accidents.
- The Importance of Hiring a Personal Injury Attorney if You Have Been the Victim of a Pedestrian Accident
- Who is Liable for a Nighttime Pedestrian Accident?
- Do You Have Questions About California Pedestrian Injury Cases? We Have the Answers You Need
- Injured as a Pedestrian in a Rideshare Accident? Contact a Long Beach Attorney Today for Help
References
Bieber J.D., C. (2023, January 27). What Is An At-Fault Accident? Forbes.com. https://www.forbes.com/advisor/legal/auto-accident/at-fault-accident/
California Vehicle Code Section 21950. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21950.&lawCode=VEH
comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved June 13, 2025, from https://www.law.cornell.edu/wex/comparative_negligence
Duty of Care. (n.d.). Legal Dictionary. https://legaldictionary.net/duty-of-care/
The Freedom to Walk Act Passes. (2022, October 1). Americawalks.org. https://americawalks.org/the-freedom-to-walk-act-passes/
