Pedestrian accidents can be serious and even fatal, and they can happen in many different scenarios, including when someone is jaywalking. If you were hit by a car while jaywalking, you may be wondering whether you can still file a personal injury claim. The answer is not always straightforward, as it depends on several factors.

In most cases, the pedestrian who was jaywalking may be considered at least partially at fault for the accident. However, this does not necessarily mean that the pedestrian cannot recover damages from the driver of the vehicle.

What Is Comparative Negligence?

California is a comparative negligence state, which means that each party’s degree of fault in the accident is considered when determining the amount of damages they may be entitled to. If the pedestrian was jaywalking, the driver may argue that they were at least partially at fault for the accident. Even if the pedestrian was partially at fault, they may still be able to recover a portion of the damages from the driver of the vehicle.

However, in some situations, the driver may be found to be more at fault for the accident than the pedestrian, especially if the driver was not paying attention, driving recklessly, or under the influence of drugs or alcohol. In such cases, the pedestrian may be entitled to full or partial compensation.

What Role Does Insurance Play?

California is a no-fault state when it comes to auto insurance. This means that if the pedestrian has car insurance, they may be able to file a claim with their own insurance company, regardless of who was at fault for the accident. However, the pedestrian’s insurance policy may not cover all the damages incurred in the accident, and they may still need to pursue a personal injury claim to recover the full amount of compensation.

Another factor to consider is whether either party was insured at the time of the accident. If the pedestrian has car insurance, they may be able to file a claim with their own insurance company, even if they were jaywalking. If the driver of the vehicle has insurance, the pedestrian may be able to recover damages from the driver’s insurance company.

Are There Any Exceptions to Comparative Negligence?

There are some situations in which comparative negligence may not apply, such as when the driver of the vehicle was speeding, under the influence of drugs or alcohol, or otherwise driving recklessly. In such cases, the driver may be found to be fully or mostly at fault for the accident, and the pedestrian may be able to recover the full amount of damages they are entitled to.

Do I Need a Lawyer?

If you were hit while jaywalking in California, you may still have a personal injury claim, but the legal process can be complex. It is a good idea to consult with a personal injury lawyer. A lawyer can help you understand your legal rights and options, including whether you may be able to file a personal injury claim. They can also help you navigate the legal process and ensure that you receive the compensation you are entitled to. Call the Hejazi Law Group today at 866-780-8585 for a case evaluation