Jaywalking Pedestrian Accident Attorney
Can a Jaywalker Sue for Compensation from an Accident?
Jaywalking is a common practice that so many of us participate in on a daily basis – it would be a lie for someone to say that they’ve never jaywalked at least once in their life. However popular the practice, jaywalking is essentially illegal and very dangerous.
Jaywalking not only puts a pedestrian’s life at risk, but also drivers and others on the road, as well. And, for such reasons, a jaywalking pedestrian can be held just as accountable for causing an accident. Nevertheless, a jaywalking pedestrian still has the right to receive compensation for injuries, even if they were partially at-fault for the accident.
Still have questions about a jaywalking pedestrian’s right to compensation after an accident? The expert team of pedestrian accident attorneys at West Coast Trial Lawyers are here to further explain it to you. Below, we’re going to break down jaywalking, California comparative negligence laws, and available compensation for jaywalkers.
California Comparative Negligence
California is a comparative negligence state, meaning that more than one party can be found liable for causing an accident and the subsequent injuries of that accident.
In the case of a pedestrian accident, whether the impact is between a pedestrian and a motorist, cyclist, scooterist, or another pedestrian, more than one party can be held liable. This means that the pedestrian who was injured in the collision could also be at-fault if the crash was caused by their jaywalking.
However, the jaywalking pedestrian is still entitled to receive compensation for their injuries even if they were partially at-fault for the incident. How this compensation will be determined, though, depends on the level of negligence or recklessness each party contributed.
For example, if the jaywalker had a 50 percent rate of negligence as to that of the driver, then they would only be able to recover at most 50 percent of their losses from filing a third-party claim against the driver’s insurance. These percentages can fluctuate, though what stays constant is that the percentages will always add up to 100 percent between the parties involved.
In these kinds of cases, the jaywalking pedestrian is only permitted to recover the percentage of as much compensation from the other party that the other party is responsible for.
What to Do After a Pedestrian Accident
Pedestrians can take a huge impact if they are struck by a vehicle or object, such as a car or motorcycle. While a pedestrian might be in great distress, it’s important to remember a couple of important key points about what to do after a pedestrian accident:
- Don’t claim that you’re fine or that the accident was your fault – remember that anything you say can and will be used against you.
- Call 911 and request emergency medical assistance – it’s important that you get medically examined as soon as possible.
- Exchange information with the other parties involved in the accident.
- Gather as much evidence from the accident as you can. Be sure to include photos of the crash site, your injuries, and any other important aspects of the accident.
- Receive medical attention and follow through with treatment plans for your injuries.
- Reach out to an attorney before speaking to your insurance company. Insurance companies are not on your side and will try to pin the entire fault of the accident on you, especially if you were jaywalking.
These are some of the most important tips to remember after a pedestrian accident. If you have any questions about your particular case, you can reach out to one of the pedestrian accident attorneys at our firm.
West Coast Trial Lawyers Is Here to Help
Here at West Coast Trial Lawyers, we’re always here to help. Our goal is to ensure that you’re able to recover as much compensation as you need in order to recover your losses and get well from your injuries.
We offer free consultations and offer our services at no cost upfront to you. You can feel free to contact us anytime, as we’re available 24/7 to set up an appointment with one of our prominent pedestrian accident attorneys. Give us a call at (213) 927-3700 or send us an email at [email protected].