Jaywalking, which refers to a person crossing a street outside of a designated crosswalk, happens in California – and the country – on a daily basis. It can be frustrating as a driver to stop unexpectedly because a person is crossing in an unlawful way. In some cases, you may not be able to see the pedestrian until it is too late. If this results in a pedestrian accident, who is at fault – the jaywalker or the driver?
The answer is not as simple as one or the other. In some circumstances, a driver can be held accountable for an accident even if the person was crossing unlawfully. In other cases, the pedestrian can be found at fault. Keep reading to learn more about these specific types of car accidents. Then reach out to The Law Offices of Larry H. Parker at 800-333-0000 if you feel you have grounds for a lawsuit.
California laws regarding pedestrians
In the state of California, motorists and pedestrians are both required to exercise due care and caution when they are on the road. Drivers must yield the right of way to any pedestrian who is crossing on a marked crosswalk or at an unmarked crosswalk at an intersection. However, pedestrians are required not to leave the curb or safe zone and into the path of a vehicle if immediate danger is present.
The rules involving jaywalking accidents
It is against the law to jaywalk in California. If a pedestrian is going to cross anywhere other than a marked crosswalk then they must yield the right of way to drivers. That said, if a pedestrian is injured while jaywalking it may still be true that the driver was at fault. This is because the motorist is still required to exercise care even if the pedestrian is not in a crosswalk.
Both the driver and pedestrian could be found at fault if the driver was speeding, intoxicated, distracted, or was not paying attention to the road.
The Importance of Comparative Negligence
In California, fault is not determined as a cut and dry factor. Comparative negligence means that a person’s percentage of fault equals their percentage of responsibility for damages. For example, if a person was 50% responsible for their own accident, they would be entitled to recover the remaining 50%. If they were 20% responsible then they could recover the remaining 80%.
Pedestrian accidents are dangerous for everyone
Pedestrian accidents can impact more than just the driver and the person who was hit. They can impact traffic, cause chain reactions, and even injure people walking down the sidewalk if a car swerves. If you have been impacted by any type of pedestrian accident then you should contact an attorney.
You can request a free legal consultation from The Law Offices of Larry H. Parker by contacting our offices at 800-333-0000. Call today and we can help you understand your specific options.