Posted on Friday, January 20th, 2017 at 6:41 am    

One of the safest places to cross the street is in a crosswalk or at an intersection. However, crossing the road in a crosswalk does not guarantee you will not be injured in a pedestrian accident. Even though drivers are supposed to stop for pedestrians, drivers do not always obey the law. Therefore, pedestrians must take steps to protect themselves when crossing the road.

Recovering Compensation in A Sacramento Pedestrian Accident

To receive compensation for your injuries from a pedestrian accident, you must prove that the other party was at fault.  In most car-pedestrian accidents, proving that the driver was at fault is usually a straightforward process. However, several things can complicate the process.

For example, if you were crossing the road in a crosswalk but you were crossing when the pedestrian sign was directing you to wait, the driver can argue that you were at fault. The driver may also argue that you were at fault if you were jaywalking instead of crossing at an intersection or in a crosswalk.  On the other hand, are you at fault if a driver is speeding or texting and hits you while you are jaywalking?

Determining fault and recovering compensation for damages can be difficult in a car-pedestrian accident because of California’s comparative negligence law.

Comparative Negligence in Pedestrian Accidents

Under California’s comparative negligence laws, your recovery in a personal injury claim can be reduced by the percentage of fault assigned to you for the accident. In other words, if a jury finds that you contributed to the cause of the accident, you will not receive 100 percent of the compensation for your injuries. In a jaywalking accident, comparative negligence can be a huge factor.

If you are jaywalking when you are hit by a car, the driver may argue that you contributed to the accident by jaywalking. If a jury agrees with the driver’s argument, the jury may decide you are partially to blame for the accident and assign a percentage of fault to you. Your recovery is reduced by the percent of fault assigned to you for jaywalking. For example, if your damages are $100,000 but the jury assigns 30 percent of fault to you for jaywalking, you only receive $70,000 for your damages ($100,000 less 30 percent).

Don’t Assume You Cannot File a Claim If You Are Jaywalking

Even though you are jaywalking, a driver still has a responsibility to avoid an accident. As discussed above, if the driver is speeding, texting, drowsy, or impaired, the driver may be partially or fully liable for your damages. You should always consult with a Sacramento pedestrian accident attorney for a free case evaluation before discussing the accident with an attorney or insurance adjuster for the driver.

The insurance adjuster and its attorneys may try to convince you that you are not entitled to compensation because you were jaywalking — don’t trust them. Call our Sacramento pedestrian accident attorney for a free consultation.

Call Now for A Free Appointment

If you have been injured in a pedestrian accident, call the Tiemann Law Firm at (916) 999-9000 for a free consultation with an experienced Sacramento pedestrian accident attorney.

Client Testimonials

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Dawniel Ewing Testimonial

I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial

I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial

I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B. Testimonial

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S. Testimonial

No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H. Testimonial

I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye Testimonial

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Lendzey Garcia

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