There are some designated crosswalks on streets for the pedestrians to cross the roadway. Some people, however, tend to carelessly cross the road out of these crosswalks and this is known as jaywalking. Usually, the person driving the vehicles will be held responsible for a pedestrian road accident. Have you ever wondered what if the accident occurred as a result of the pedestrian’s preventable actions such as jaywalking? Who will be liable for the accident in such a scenario; the pedestrian or the driver? Well, the answer is sadly the driver under most circumstances. This explains the importance of consulting a California pedestrian road accident attorney after the accident. Note that a well-versed lawyer will be able to easily determine whether or not the driver can be held accountable for a jaywalking pedestrian’s accident. For more information, you may refer to the details given below.
California Pedestrian Road Accident Law
It is important for both pedestrians and motorists to be cautious and careful when on the road. According to the California law, drivers are abided to stop the vehicle when pedestrians cross the roadway either through a marked or unmarked crosswalk, especially at a road intersection. In fact, a motorist approaching the passer-by at any of these crosswalks is expected to either reduce the speed, stop, or take other necessary steps to ensure the safety of the pedestrian.
Similarly, pedestrians also owe to their safety. Note that the walkers-by are expected to walk within the designated area or safe zone. Plus, walking into the path of an oncoming vehicle can cause severe accidents, especially when the vehicle is too close.
Accident While Jaywalking
Jaywalking is prohibited in California. According to the California law, pedestrians are expected to cross the road only through the marked crosswalk. Otherwise, they must make sure to provide the right-of-way to the oncoming vehicles. Anyhow, if an accident occurred as a result of a jaywalking pedestrian, the motorist will be still held accountable for the incident. After all, motorists are expected to take necessary safety actions when a person walks outside a marked crosswalk. The accident will be considered as the negligence of the motorist under the following circumstances.
- Over speeding the vehicle
- Driving while intoxicated
- Careless driving
- Driving a vehicle while distracted
Comparative Negligence Law
However, there is a Comparative Negligence Law in California. That means, even if the injured person can claim for accident benefits from the motorist, the claim amount will be determined on the basis of the claimant’s contribution in the accident. In case the claimant is 50% responsible for the accident, 50% will be lessened from his damage recovery benefits. Still, the pedestrian is expected to get a fair compensation even if he was jaywalking.