What If I Get Hit While Jaywalking?

When you are injured in an accident, the last thing you want to think about is who is at fault. Ask a pedestrian who is right and they will tell you the pedestrian. As a driver who is right and they will say a driver. It all depends on what perspective you choose, right? Not in the legal realm. Our Chula Vista Pedestrian Accident Attorneys at Law Offices of Eugene G. Bruno understand all the rules and regulations involved with pedestrian accidents. According to the California Vehicle Code 21949 – 21971, there are certain rules that a pedestrian must follow while walking alongside cars. Here are a few to keep in mind:

  • Drivers must yield to pedestrians who are crossing marked or unmarked crosswalks. Intersections are can be marked or unmarked. Either way, a  driver should yield to a pedestrian.
  • Drivers should slow their vehicle down and exercise due care when a pedestrian is using a marked or unmarked crosswalk. This means no speeding by someone who is walking. Drivers must use safety at all times around pedestrians walking.
  • If a driver stops to let a pedestrian cross then any surrounding vehicle must also stop. If you are behind a driver who has stopped at a crosswalk then you may not drive around take over.
  • Pedestrians must exercise due care when walking in areas that are not marked or unmarked crosswalks. Pedestrians must yield to oncoming traffic.
  • Pedestrians are not allowed in bicycle lanes and vice versa.

So what happens if you are hit in marked or an unmarked crosswalk? More than likely the person who hit you will be mostly responsible. What happens if you were jaywalking? It all depends.

Jaywalking is when someone walks on the street or across the street without using the proper marked or unmarked crosswalks. Jaywalking is a ticketed offense and can lead to some legally messy situations. If you are hit by a car while jaywalking you can still hold the driver responsible if the driver was acting negligently. For example, if the driver was speeding, they are negligently driving. If the driver was under the influence, distracted, or not watching the road then the driver may be liable for your injuries.

Because California has comparative negligence law, each party in an accident can be held responsible for a percentage of their own injuries. For example, if you were jaywalking, the court may find you are responsible for 20% of your injuries. This means the other party will have to give you compensation for your injuries less 20%. It may not be the entire amount you need, but when medical bills begin to pile up, every little bit helps.

What To Do

If you have been injured by a vehicle while walking our Chula Vista Pedestrian Accident Attorneys at Law Offices of Eugene G. Bruno are ready to lead you through the process. Call 888-278-6688 or click here to start a conversation with our professional attorneys at the Law Offices of Eugene G. Bruno in Chula Vista today.

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