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

Hanna Padilla Testimonial
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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!

Matt H. Testimonial
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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.

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Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

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