Jaywalking – crossing a roadway outside of a marked crosswalk or against a traffic signal – is illegal in California. But does committing this petty offense mean you lose your right to compensation if you’re hit by a vehicle while jaywalking? Generally speaking, jaywalking alone does not bar you from recovering damages, but it can reduce the amount you receive. Read on to understand how jaywalking affects injury claims in California.
Jaywalking in California
Under California Vehicle Code Section 21954, it is illegal for pedestrians to cross a roadway outside of a marked crosswalk or against a red traffic signal. Exceptions are made when crossing at an unmarked crosswalk where drivers can see you and yield the right-of-way.
Fines for jaywalking in California start at $25 for a first offense and go up to $250. Repeat offenders may also be required to complete traffic school. While enforcement was historically lax, some cities like Los Angeles have begun cracking down on jaywalking with increased fines and stings.
Despite this, jaywalking remains a very common practice, especially downtown and in busy urban areas where crosswalks are far apart. Often, jaywalkers simply want to get to their destination faster.
Jaywalking Does Not Completely Bar Recovery
Under California’s “comparative fault” system, jaywalking pedestrians are not completely barred from recovering compensation if they are hit by a negligent driver. However, a judge or jury can reduce the claim amount based on the degree to which the pedestrian’s actions contributed to the accident.
For example, if you were hit due to a driver’s negligence while illegally crossing a busy highway outside a crosswalk, you may be found 25% at fault for the accident. Your final claim amount would be reduced by 25% to account for your share of fault.
In rare cases where a pedestrian’s actions are found to be the primary cause of the accident, a judge or jury can bar any recovery. However, the driver must still have been acting negligently, such as by speeding or being intoxicated.
Factors That Determine Fault
Judges and juries look at various factors to determine degrees of fault, including:
- Where the accident occurred – Busier roads indicate higher pedestrian fault.
- Road and weather conditions – Poor visibility increases driver responsibility.
- Driver behavior – Speeding, distraction, or intoxication all suggest higher driver fault.
- Pedestrian visibility – Wearing dark clothing at night suggests the pedestrian is at fault.
- Jaywalking frequency in the area – If an area is known for jaywalking, drivers should exercise more caution.
In short, the specific circumstances of each accident determine how much jaywalking affects a claim. There is no universal rule.
Building a Strong Injury Claim
To build the strongest possible injury claim in California, it is important to:
- Gather police reports, witness statements, video evidence, and other proof of what occurred.
- Document your injuries with detailed medical records and bills.
- Prove long-term effects on your life and employment.
- Keep records of missed wages and future lost income.
- Calculate all quantifiable losses – medical, property damage, lost opportunity costs.
- Take photos of any visible injuries.
- Hire an experienced personal injury attorney to argue your case.
While jaywalking contributes some fault, skilled attorneys know how to minimize this based on driver negligence. They can help secure fair compensation for both economic and non-economic damages.
When Jaywalking May Be Necessary
In some cases, jaywalking occurs not out of impatience or ignorance but necessity. If crosswalks are extremely far apart or pedestrian crossing signals are not present, people may have no choice but to jaywalk to reach their destination.
Disabled individuals or the elderly may be physically unable to walk long distances between intersections. Parents with small children may need to jaywalk to avoid dangerous road crossings. Homeless individuals may jaywalk to access resources.
In these cases, a pedestrian’s duty to use reasonable care is diminished, and driver responsibility is heightened. By understanding why jaywalking occurred, a good lawyer can reduce fault apportioned to pedestrians.
Consult a Personal Injury Lawyer
Don’t let concerns over jaywalking prevent you from seeking the injury compensation you deserve in California. The skilled attorneys at Sasooness Law Group offer free consultations to review your claim’s merits. Reach out today to protect your rights. We have offices located at:
- 21777 Ventura Boulevard Suite 263, Woodland Hills, CA 91364
- 15000 7th Street Suite 201, Victorville, CA 92395
- 8889 West Olympic Boulevard, 3rd Floor, Beverly Hills, CA 90211 Or call us today for a free consultation at (888) 922-8399.
Don’t wait – contact our team today!