Can I Recover Compensation If I Was Jaywalking?

California laws are shaped to protect pedestrians due to serious injuries or death that can occur when a pedestrian is struck by a motor vehicle. Therefore, pedestrian accident injury victims can typically pursue compensation. However, insurance companies may attempt to place blame on pedestrians or offer the lowest settlement possible. If you or a loved one were struck by a vehicle while walking or running, then you will need help from a personal injury attorney to understand pedestrian laws and ensure you receive the compensation you deserve.

What is jaywalking in California? According to state law, crossing a street without a crosswalk is not automatically defined as jaywalking. A person is jaywalking if they illegally cross a street with a traffic signal at both ends of the block. If one side of the block has a traffic signal, but the other does not, then it is not considered jaywalking.

You Can Recover Damages, Even If You Were Partially At Fault

Pedestrians are inherently more vulnerable than motorists; therefore motorists are held to a higher standard of care. Under California's comparative fault law, you may be able to collect substantial damages, even if you were at fault. The outcome of a pedestrian accident case often depends upon the severity of the pedestrian's injuries. Every case is resolved based on the unique circumstances of the accident.

If you or a loved one were struck by a vehicle while jaywalking, then contact our Oakland pedestrian accident attorney. You may be able to reach a significant settlement to cover medical bills, lost wages as well as pain and suffering damages.

Was The Driver Exhibiting Careless Behavior?

If the driver of the vehicle was negligent, then they may be partially at fault for the accident. Careless or negligent behavior includes:

  • Speeding
  • Texting and driving
  • Drunk driving
  • Distracted driving

David G. Smith has four decades of experience working together with law enforcement to determine negligence in personal injury accidents. He can utilize investigative methods to uncover evidence of carelessness.

Call Us Today For A Free Case Evaluation

Contact our office in Alameda County today to arrange a free one-on-one consultation with David G. Smith. Attorney Smith handles all cases personally from start to finish. You will never be shuffled around to other paralegals or lawyers. Call us at 510-431-2598, or complete an easy online form.