I Was Struck While Jaywalking. Can I Seek Compensation?
Pedestrians need to be incredibly careful when crossing the road, as an accident with a vehicle could be incredibly dangerous and potentially fatal. While we all know that we should only cross at crosswalks, this doesn’t always happen. If you were struck while jaywalking, you might be wondering if you can collect compensation even though you weren’t following the rules. Fortunately, you can still collect compensation in California even if you were partially at fault for the accident and your injuries. If you were injured in a jaywalking incident, don’t hesitate to reach out to us for a free consultation.
How to Avoid Jaywalking Accidents
Jaywalking accidents, like most casualties, can be avoided. Pedestrians should always follow the basic traffic laws, such as crossing at a designated crosswalk. Avoid crossing busy roads and highways. Even if you’re using a crosswalk, look both ways and make sure you aren’t at danger of being struck by a vehicle.
What To Do After You Were Struck
If you find yourself in an accident while jaywalking, there are certain steps you can take that will give you the best chances of success when filing a claim or negotiating with the responsible party. Consider the following:
Consult With and Hire a Lawyer
One of the most important steps you can take after a jaywalking accident is to consult with a professional. An experienced personal injury lawyer will be able to help determine if you have a valid claim and how much compensation you might be entitled to. Almost all personal injury lawyers offer free consultations, so it’s always worth speaking to someone before you discuss anything with the insurance companies or make a decision about filing a claim.
Collect Evidence
After you were struck, it’s a good idea to collect as much evidence as possible if you aren’t injured too badly. This includes taking photos of the scene, your injuries, the vehicle involved, and anything else that might be relevant to the case. You will also want to obtain insurance and registration information from the responsible party, as well as information about their vehicle, such as the make, model, license plate number, and VIN. Finally, it’s always a good idea to see if any witnesses are in the area. If there are, you should try to get their contact information so your lawyer can interview them.
Seek Medical Attention
It’s always important to seek medical attention as soon as possible. Not only do you need to make sure that you aren’t injured, but it will be important should you decide to file any type of claim in the future. Even if you don’t have visible injuries, you should consider seeing a doctor to rule out any internal injuries. The injuries you sustain and any treatment that you may require will dictate how much compensation you’re entitled to.
You Can Collect Compensation Even If You Were at Fault
Even if you were jaywalking, which is against the law, you can still recover compensation if the other party was negligent and that caused the accident, at least in part. California is governed by pure comparative negligence. This means that as the plaintiff, if you are successful at trial, you are entitled to compensation based on the defendant’s percentage of responsibility. If it is determined that the defendant was 80 percent at fault and you were 20 percent at fault due to the jaywalking, you will be entitled to 80 percent of the monetary award. Therefore, if you were awarded $100,000 at trial, you would walk away with $80,000.
If you were injured in a jaywalking accident, contact our Los Angeles pedestrian accident lawyers today for a free consultation.