[Transcript]
Today's video question is: If I'm jaywalking and I'm hit by a car and injured, do I still have a case? Would you like to know more? Well, come on in and join me. My name is Mark Blane, San Diego personal injury trial attorney practicing law here in the state of California.
This question I get all the time. Lots of times, people ask me, "Mark, I wasn't in the crosswalk. I was crossing the street maybe where I shouldn't have been crossing, and I was hit by this car. I got some pretty bad, nasty injuries. What can I do about it?"
Well, in California, we have what's called apportioned fault. Just because you weren't in the crosswalk or if you were jaywalking and you're hit by a car, it doesn't necessarily excuse the driver of the other vehicle that hits you from fault. They still maintain a duty of due care to make sure that they're reasonably operating their motor vehicle to avoid all instances of these types of dangers. So, lots of times, we have to investigate the police report, the witnesses, and also your version of events to see if there might be a case of apportioned fault.
So, the answer to the question is, it depends. You sometimes still have a case. That's why I encourage folks who are watching this video to call a good injury lawyer so they can be advised as to whether or not they have a case to pursue.
Now, you can come to my website. I've got some free ebooks and downloads for this specific area. I encourage you to pick up the phone and give me a call. I'm more than happy to take calls like this. I take them all the time for folks in California, in San Diego, and I'm more than happy to render an opinion on whether or not you might have a case to pursue.
Again, my phone number is 619-813-7955, and my email is mark@blanelaw.com. This is Mark Blane from San Diego signing off. Have yourself a wonderful day. Thank you so much for joining me.
San Diego jaywalking attorney Mark Blane discusses the apportionment of fault rule in California and how it is applicable to a jaywalker who gets hit and injured by a distracted motorist or driver. Just because you are jaywalking does not necessarily mean you are 100% at fault when and if you get injured. The motorist or driver of the car that hits you causing you bodily injuries still maintains a duty of "due care" to make sure he or she was driving reasonably within road conditions and within the facts of how the accident occurred. California utilizes "apportionment of fault" in traffic bodily injury claims and so you really need to speak with an experienced injury lawyer to make an informed decision on your jaywalking case [where you sustain injury from another person]. Mark is available for a free consult to go over your particular case today!
What Is Jaywalking?
"Jaywalking" refers to a person, or more aptly a pedestrian, who knowingly or unknowingly violates traffic regulations when it comes to crossing a public street or roadway. Under California state law, a pedestrian generally has the legal right to cross a street anywhere along said street without jaywalking minus certain exceptions:
1. If the pedestrian is between two adjacent intersections that are BOTH controlled by any traffic control signal device [this means a traffic light or the like], then the
pedestrian MUST cross at the intersection without being a "jaywalker."
2. Local government jurisdictions may enact harsher laws to prevent jaywalking - this is especially seen in high traffic business districts, etc.
3. Pedestrians generally must yield right-of-way to motorist [motor vehicles, etc.] which are near enough to constitue what is called an "immediate hazard," UNLESS the pedestrian is actually crossing at a marked or unmarked crosswalk. Remember a crosswalk does not have to be marked, and there can be "unmarked" cross walks!
4. As a general rule pedestrians must obey the instructions on any official traffic signal device UNLESS it is necessary to avoid a collision or other emergency.
Common Ways Pedestrians Are Negligent in San Diego
Pedestrians have a duty to exercise reasonable care for those around them and must obey California traffic laws. But there are many behaviors that are frequent contributors to a partial fault in an accident with a motor vehicle, such as:
- Jaywalking or crossing in the street outside of a crosswalk
- Crossing a street when a traffic signal says not to walk
- Not checking for oncoming traffic
- Talking on a cellphone, texting, or engaging in other dangerous distractions
- Walking when intoxicated and making reckless decisions
- Walking where it's prohibited
- Wearing dark clothes with no reflective gear when walking or jogging at night
