Many pedestrians assume they cannot recover compensation if they were hit by a car while jaywalking. In California, that is not always true. Even if you crossed outside a marked crosswalk or against a signal, you may still have the right to pursue compensation depending on how the accident happened. Speaking with an experienced hit by car lawyer can help you understand whether you may still have a valid claim after a pedestrian accident.
California law does not automatically prevent injured pedestrians from recovering compensation simply because they were jaywalking at the time of the crash.
California Changed Its Jaywalking Laws
California’s pedestrian laws changed significantly with the passage of the Freedom to Walk Act, also known as AB 2147.
Under this law, police generally cannot stop or cite pedestrians for jaywalking unless the crossing creates an immediate danger of collision. The law was designed to reduce unnecessary pedestrian stops and recognize that many people cross streets safely outside marked crosswalks every day.
However, even before this law changed, drivers still had a duty to use reasonable care to avoid hitting pedestrians whenever possible.
Drivers Still Have a Duty to Avoid Pedestrians
Motorists are expected to remain alert and operate their vehicles safely, especially in areas where pedestrians are common.
A driver may still be responsible for a pedestrian accident if they were:
• Speeding
• Distracted by a phone or GPS
• Driving under the influence
• Running a red light
• Failing to keep a proper lookout
• Driving recklessly in residential areas
• Ignoring visible pedestrians in the roadway
Even if a pedestrian crossed illegally, drivers cannot simply ignore hazards in front of them.
California Uses Comparative Negligence Rules
California follows a comparative negligence system. This means multiple parties can share responsibility for an accident.
If you were jaywalking when the collision occurred, you may still recover compensation if the driver was also negligent. Your compensation may simply be reduced based on your percentage of fault.
For example:
• If your damages total $100,000
• And you are found 30% responsible
• You may still recover $70,000
Insurance companies often use jaywalking allegations to aggressively reduce payouts. That does not mean they are automatically correct.
Insurance Companies Frequently Blame Pedestrians
After a pedestrian accident, insurers often try to place as much blame as possible on the injured person.
They may argue that:
• You crossed suddenly into traffic
• You were outside the crosswalk
• You were distracted by your phone
• You crossed at night wearing dark clothing
• The driver had no time to react
These arguments are common even in cases where the driver was speeding, distracted, or otherwise negligent.
Because of this, evidence becomes extremely important in jaywalking accident cases.
Evidence Can Still Prove Driver Negligence
Even if you were not in a marked crosswalk, evidence may still show the driver could have avoided the collision.
Helpful evidence may include:
• Traffic camera footage
• Surveillance video from nearby businesses
• Witness statements
• Vehicle black box data
• Cell phone records
• Police reports
• Skid mark analysis
• Photos of the scene and lighting conditions
In many cases, accident reconstruction experts can help determine whether the driver had enough time to stop or avoid the pedestrian.
Injuries in Jaywalking Accidents Can Be Severe
Pedestrian accidents often result in catastrophic injuries because pedestrians have no physical protection against moving vehicles.
Common injuries include:
• Traumatic brain injuries
• Broken bones
• Spinal cord injuries
• Internal bleeding
• Facial injuries
• Permanent disability
• Emotional trauma
These injuries may require extensive medical treatment, rehabilitation, and long-term care.
What Compensation Can Be Recovered?
If the driver was partially or fully responsible for the accident, injured pedestrians may still pursue compensation for:
• Medical expenses
• Future treatment costs
• Lost wages
• Reduced earning ability
• Pain and suffering
• Emotional distress
• Rehabilitation expenses
• Permanent disability or disfigurement
The amount of compensation depends on the severity of the injuries and the percentage of fault assigned to each party.
Why You Should Speak With a Hit by Car Lawyer
Jaywalking cases are often more complicated than standard pedestrian accident claims because insurance companies immediately focus on blaming the pedestrian.
An experienced hit by car lawyer can investigate the crash, gather evidence, challenge unfair fault arguments, and negotiate aggressively with insurers on your behalf.
At Bojat Law Group, we help injured pedestrians throughout California pursue compensation after serious accidents. If you were hit by a negligent driver while crossing the street, call (818) 877-4878 for a free consultation.