I Was Jaywalking — Can I Still Recover?
Many people assume that crossing outside a crosswalk means they have no claim. In your state, that is not how it works, and the assumption costs injured pedestrians who never ask.
Jaywalking is not an automatic bar
Even where a pedestrian crossed outside a crosswalk, a driver generally still has a duty to keep a lookout and avoid a collision. Crossing improperly can affect fault, but it does not by itself end a claim.
California changed its jaywalking rules
The Freedom to Walk Act narrowed when a pedestrian can be cited for crossing outside a crosswalk. The exact scope is worth confirming, but it reinforces that crossing outside the lines is not the clear-cut violation people assume.
Comparative fault divides responsibility
Under pure comparative fault, being partly responsible reduces a recovery by your share rather than eliminating it. So the real question is how fault is divided between you and the driver, based on the facts.
Frequently asked questions
I crossed mid-block and got hit. Do I have any case?
Possibly. Drivers must still avoid hitting people, and comparative fault can preserve part of your recovery even if you were partly at fault. A free review can assess the facts.
Keep reading
This article is general information about Pedestrian Accidents injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to pedestrian accidents.
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