If You Hit a Jaywalker Who Is at Fault in California?

If You Hit a Jaywalker Who Is at Fault in California?

Hitting a pedestrian who was jaywalking can be a complex situation, making it difficult to determine who is actually at fault. Motorists have a responsibility to be aware of pedestrians, but jaywalking may be considered negligent and create liability on the part of the pedestrian. You need to know who is at fault if you hit a jaywalker in California so you can take the correct legal action.

What Happens if You Hit a Pedestrian Jaywalking in California?

If you hit a jaywalker, the injured person has the option to file a claim against you to recover compensation. However, California’s comparative negligence laws will determine how much compensation the plaintiff can actually recover for their damages.

Under a pure comparative negligence system, the individual filing a personal injury claim can recover damages even if they are partially at fault. The amount of compensation they can receive will decrease proportionately with their degree of fault. After an accident involving a jaywalker, there will be an investigation to determine each party’s share of fault.

Is Jaywalking Illegal in California?

Under California’s Freedom to Walk Act, jaywalking is only illegal if it presents a clear and immediate danger that any reasonable person would recognize. This means that if you hit a jaywalker, it might still be possible for them to prove that they were not breaking the law.

However, the Freedom to Walk Act still specifies that pedestrians must observe their duty to exercise due care for their own safety. Even if an instance of jaywalking is not illegal in the eyes of the law, the jaywalker could still bear some or all of the fault for their injuries if they acted negligently.

What Should You Do if You Hit a Jaywalker in California?

The first thing to do after hitting a jaywalker is to confirm everyone’s well-being. Call 911 immediately to report the accident and help anyone who sustains injuries. Wait on the scene for responders to arrive and, when it is safe to do so, document the accident with photographs of the scene and any damage to your own vehicle.



If you hit a jaywalker and need to know who is at fault in California, contacting your local personal injury attorney is crucial. Having a reliable legal team on your side ensures a fair and complete investigation of the accident. Your attorney will collect evidence to determine the jaywalker’s degree of fault and represent you in settlement negotiations.

If the injured pedestrian files a claim against you for their damages, it becomes even more pressing to have a car accident lawyer in Phoenix on your side. Your legal counsel can advise you on what you should or should not say when approached by insurance investigators.

Contact Sargon Law Group if You Hit a Jaywalker in California

Sargon Law Group can help with accident cases in California. Our office in Encino, CA, is conveniently located to serve as a resource at every step of the legal process. Contact us today with any questions you might have about who is at fault if you hit a jaywalker in California.