May 18, 2020

Hit by a Car Outside of a Crosswalk: Do I Have a Case?

Crossing a roadway outside a designated crosswalk, or “jaywalking,” leaves a pedestrian particularly vulnerable. But it does not leave them without rights in the case of an accident. It is a basic tenant of driving that a motorist must exercise reasonable care in the use or operation of his or her motor vehicle.  This means avoiding and otherwise causing injuries to others or near the roadway.  Thus, motorists must avoid hitting a pedestrian whether or not the pedestrian is in a cross.  Just because a pedestrian is not in a crosswalk does not give a motorist a license to hit them.  If you or a loved one were injured outside a crosswalk, ask our Los Angeles hit by a car lawyer what your rights to compensation may be under California law.

Rights of Pedestrians

Simply put, pedestrians have the right to not be hit by a car.  But pedestrians need to follow the California Vehicle Code and the common law standards required of them.  This means that both pedestrians and motorists have a responsibility to exercise caution under California laws. Drivers are required to yield to pedestrians at an intersection whether they are in a crosswalk or not. Pedestrians are also required to obey traffic rules and not put oncoming traffic in danger by stepping off a curb into its path.

In the case of a jaywalking incident, the unique circumstances will come into play to determine liability in an accident. If the pedestrian is found partially at fault for the accident by not following the rules of the road, any compensation owed to them will be reduced by their percentage of fault.

Ask our Hit by Car Lawyers for Help

Our comparative negligence laws allow for a pedestrian to file a claim for damages if another party is found at fault in any degree. But determining the percentage of fault is where it can get complicated. If you have been hit by a car as a pedestrian, you owe it to yourself to understand the laws as they pertain to you as the victim. A consultation with an experienced Los Angeles hit by a car lawyer can help you understand your rights. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.