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Can You File a Claim if You Were Jaywalking? Legal Options Explained

If you’ve been injured in a pedestrian accident while jaywalking, you might be wondering if you still have legal rights. While jaywalking can complicate a personal injury claim, it doesn't automatically mean you’re out of options. At the Law Office Of Johann Hall, our experienced jaywalking injury lawyer can help you understand your rights and navigate the legal process to pursue the compensation you deserve.

What Is Jaywalking?

 

Jaywalking generally refers to crossing the street outside of a designated crosswalk or against a traffic signal. While it's considered a violation of traffic laws, it doesn’t necessarily mean that the pedestrian is completely at fault in an accident.

How Jaywalking Affects Personal Injury Claims

 

California follows a comparative negligence rule. This means that more than one party can share responsibility for an accident. Even if you were jaywalking, you may still be able to recover damages—just at a reduced amount based on your share of the fault.

 

For example, if you were found to be 30% at fault for the accident and the driver 70%, you could still recover 70% of your total damages.

Factors That Influence Liability

 

In a jaywalking accident, several factors will be considered to determine who was at fault:

  • Speed of the driver
  • Whether the driver was distracted or under the influence
  • Lighting and visibility conditions
  • Whether the driver had enough time to stop
  • Location of the incident (urban vs. rural, school zone, etc.)

If the driver was acting negligently—such as speeding, texting while driving, or failing to yield—they may still be held largely responsible for the accident.

What to Do After a Jaywalking Accident

 

If you’ve been injured while jaywalking, take these steps to protect your legal rights:

  1. Seek medical attention immediately.
  2. Document the scene—take photos, gather witness statements, and note any traffic signs or signals.
  3. Avoid admitting fault to anyone, including the driver or insurance companies.
  4. Contact a jaywalking injury lawyer as soon as possible to review your case.

Why You Need a Jaywalking Injury Lawyer

 

Because jaywalking adds a layer of complexity to a personal injury claim, having a skilled attorney on your side is critical. The Law Office Of Johann Hall can help gather evidence, work with accident reconstruction experts, and deal with insurance companies to maximize your compensation.

Schedule a Free Consultation

 

Don’t assume you’re out of options just because you were jaywalking. Every accident is unique, and you may still be entitled to compensation for your injuries. Contact the Law Office Of Johann Hall today to speak with an experienced jaywalking injury lawyer who can help you explore your legal options.