Do Pedestrians Have the Right of Way When Jaywalking?

Do pedestrians have the right of way when jaywalking? Read on to learn when they have the right of way how jaywalking affects an injury lawsuit

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Do Pedestrians Have the Right of Way When Jaywalking?

It is a widespread myth in California that pedestrians still have the right-of-way. And in a densely populated area like Los Angeles, pedestrians do not always have the right of way. Pedestrians, and all highway users, are required to follow all California traffic laws in order to avoid accidents – including sacrificing the right-of-way where necessary.
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In California, a driver that is jaywalking does not have the right-of-way. Continue reading to discover more, and if you have any further questions, contact an expert Los Angeles pedestrian accident attorney.

What Is Jaywalking?

According to California Vehicle Code Section 21955, jaywalking occurs when a pedestrian crosses the street in a location other than a crosswalk between two adjacent intersections. This is a California traffic violation that carries a maximum fine of around $200. Jaywalking is a risky maneuver since vehicles are unprepared for pedestrians between crosswalks or intersections. Drivers can lack the time or planning necessary to prevent colliding with a jaywalking pedestrian.

When Do Pedestrians Have the Right-of-Way?

Jaywalking pedestrians do not have the right of way. If a pedestrian violates the rules by jaywalking, he or she is required to surrender the right-of-way to any approaching car that is near enough to pose an imminent danger. A pedestrian should not take the right-of-way or walk into oncoming traffic, since a driver can be too near to prevent a collision.
Jaywalking does not absolve a driver of the need to take reasonable caution to avoid colliding with a pedestrian. When a driver notices a pedestrian and has time to brake, he or she is constitutionally required to do so, regardless of whether the pedestrian has the right-of-way or is breaking a traffic code. Asserting that the pedestrian was jaywalking is inadmissible as a mitigation if the driver legitimately should have prevented the collision. However, jaywalking could minimize the plaintiff’s financial recovery.
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What Impact Does Jaywalking Have on a Pedestrian Accident Lawsuit?

If a pedestrian was jaywalking in California at the time of the crash, this could impair the pedestrian’s right to keep the driver financially liable. Due to the pedestrian’s violation of a traffic rule and lack of right-of-way, the driver could not be held legally responsible for the ensuing collision. It could be much more difficult for a pedestrian to keep a driver accountable whether the pedestrian was jaywalking at night or while under the influence of alcohol.
If the driver of the motor car has a reasonable expectation of seeing the pedestrian and stopping in time to prevent a collision, the driver could also hold legal responsibility for the accident. For instance, whether the driver was texting while driving, speeding, or driving while intoxicated, the driver could share blame with the pedestrian.
California is a state that is entirely based on comparative negligence. This statute entitles an injured plaintiff to a share of settlement even though he or she was partially responsible for the injury. In California, a plaintiff can be held liable for an injury even if he or she is 99 percent at fault. The plaintiff’s proportion of blame, on the other hand, would reduce his or her recovery by an equal amount.
If the courts allocate 40% of blame for a pedestrian accident to the pedestrian for jaywalking, for example, the defendant’s financial coverage from his or her insurer would be 40% less. In this case, the plaintiff’s $100,000 compensation will be diminished to $60,000 due to his or her relative fault.

Why Do You Need a Lawyer?

If you were recently involved in a pedestrian accident in Los Angeles while jaywalking, you can retain the services of an attorney to assist you with filing an insurance claim or personal injury case. Violations of other pedestrian laws, such as jaywalking, can have a detrimental effect on the ability to get compensation.  However, it does not prevent you from recovering. A attorney will assist you in constructing a case against the driver and countering a claim that you were jaywalking. A pedestrian accident lawyer will assist you in maximizing your compensation.

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