blog home Pedestrian Accidents Can You Sue a Motorist Who Injured You If You Were Jaywalking?

Can You Sue a Motorist Who Injured You If You Were Jaywalking?

By Hess & Nghiem on May 30, 2022


Jaywalking is one of the most misunderstood illegal activities, and many people only know that you are not supposed to jaywalk. If you have been injured by someone driving along a road where you chose to jaywalk, you might be thinking that you will not be able to sue them for your injuries. This is not the case, however, and you might actually be able to sue for compensation for your injuries related to the incident.

If you have been injured as you were jaywalking, you will need to secure an experienced Santa Ana personal injury lawyer to help you with your case. You will need representation to help you to get compensation for your injuries and your medical bills. Even though you were technically breaking the law when you chose to cross outside of a legal crosswalk, you might still be entitled to compensation related to the actions of the motorist involved in your case.

If you were injured in a jaywalking accident in Orange County, the attorneys at HN Injury Lawyers, we are prepared to help you recover your damages and get the best outcome possible. Our law firm is committed to assisting out clients in getting the best outcome for damages associated with their accidents and the resulting injuries. Call (657) 500-0887 to receive a no-cost consultation about your legal rights.

What is Jaywalking?

There is often confusion about the exact definition of jaywalking. This is a term that people throw around a lot, but they don’t really know what it means. There is actually a definition of jaywalking that is used for legal purposes and you will want to be aware of how this impacts the nature of your accident. The process of jaywalking is not the same as just walking along a street or being near the road when an accident occurs.

The legal definition of jaywalking is the act of illegally crossing a street outside of a prescribed pedestrian crossing point. This is not the same as walking along the shoulder of a road or choosing to cross the street slightly outside of the confines of a legal crosswalk. When you jaywalk, you are actively choosing to step out into the street in the flow of traffic without any protection from a marked and protected pedestrian crossing location.

These kinds of actions are taken all the time by most of us. Think about all the times that you have crossed the road where there was no crosswalk. In residential areas, this is something that many people do over and over all day long. The fact that this is technically illegal does not mean that you should expect to be injured as you cross the street by a car where the driver is negligent and is not paying attention.

How Is Liability Determined in an Accident That Involves Jaywalking?

In many states, including California, comparative negligence is used to help determine the responsible party in cases like jaywalking accidents. The comparative negligence law allows for those partially at fault to seek compensation for their injuries despite their fault in the situation.

In these situations, each party is assigned a certain portion of the blame for the accident. The assignment is done via percentage. This means that the total compensation for the determination is then divided between the two parties by percentage when the trial or settlement is completed.

The reason that you can seek compensation in a case where you choose to jaywalk to cross the street is that the motorist also owes everyone around them walking on the road a duty of care. This duty of care involves paying attention to people on the road regardless of whether or not they should be expected to cross the street at this location. In most cases, there is an added burden of responsibility on the motorists because there is so much more harm that can be caused by negligence when operating a motor vehicle.

While you will still be at fault for the accident if you were jaywalking, you will likely not have to shoulder the larger percentage of the burden of responsibility. Motorists are instructed that it is their duty when driving to ensure that they are attentive to unusual items or things like people in the road, and they will be held accountable for failure to provide this duty of care to those around them.


How Can a Lawyer Help You?

When you have been injured jaywalking, you will want to secure the assistance of a skilled Orange County personal injury lawyer. There will need to be an investigation into the accident so that your lawyer can share any information that might help reduce your own fault and clearly show the motorist to be at fault for your accident despite your jaywalking. While you will not be allowed to avoid some share of the blame, you will need a lawyer on your side to explain the details of the case and show how the motorist should share in the responsibility for your accident.

A lawyer will also help you to push back against the insurance company that is involved in your case. Insurance companies are always motivated not to pay out any more than they must on claims to help them to save money. You will need expert assistance to seek a more favorable settlement or claims payout so that you can cover your bills and get back on your feet after your accident. It can be almost impossible to argue for a larger or more favorable compensation package without the help of a skilled lawyer guiding your settlement process or the trial related to your accident.

Contact Us Today

If you have been injured in a jaywalking accident in Orange County, reach out to HN Injury Lawyers for an immediate, no obligation, free consultation. We can help you to get the most favorable outcome for your jaywalking case and can also assist you in your efforts to get the best settlement for your claims. In instances where comparative negligence is in play, you will want to have the help of a legal professional. These cases can be complex, and they require that the right information is presented for your case.

We can help you with your jaywalking case and your insurance claims related to your accident. Contact us today for a consultation. We are eager to help you to get the compensation that you deserve for your injuries.

If you were injured in a Santa Ana jaywalking accident, contact the personal injury lawyers at HN Injury Lawyers by calling (657) 500-0887 to receive a no-cost consultation about your legal rights today. Our legal team can advocate on your behalf in a settlement negotiation or jury trial.