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!