I Hit Someone While They Were Jaywalking. Am I Responsible for Their Injuries?
If you hit a pedestrian who is jaywalking, you may be held liable for their bodily injury claim. Their bodily injury claim includes payment for their present and future medical bills, pain and suffering, mental anguish, and lost wages.
As a driver of an automobile, you always have a duty to drive reasonably, prudently and to watch for condition on the road. Furthermore, as the driver of an automobile, you must drive in a manner not to endanger the safety of any person or property.
As a result, even if a pedestrian is breaking the law by jaywalking, you can be at fault for hitting that person crossing the street. This is why it is always important to focus on the road ahead of you and watch out for pedestrians, especially when you are in a residential area or near a school. If you see pedestrians walking on the sidewalk, on the street, or going to their car, don’t assume that they will not walk onto the street.
People are not always paying attention to cars on the roadway and sometimes walk onto the street even though there is a speeding car coming their way. There are many instances where people were texting, talking on the phone, or were distracted in some other form and walked out onto the street and got hit by a car. If this is the situation, the pedestrian is largely at fault, but the driver is also at fault if there was an opportunity to avoid the crash, but did not take advantage of it because he or she was also negligent.
If you were hit as a pedestrian while you were jaywalking, you still may have a case against the driver of the car that hit you. If the driver could have avoided the crash, the driver should have avoided the crash. Unfortunately, too many people – drivers and pedestrian alike – are not paying attention to where they are going.
ABOUT THE AUTHOR: Lem Garcia
West Covina car accident law office, Lem Garcia Law, was opened to give people who were injured in a car accident a place to turn when they need help the most. I am a lifelong resident of West Covina and my goal is to help the area as much as I can. I am the youngest of three boys and the son of an engineer and hairstylist. I went to public schools in West Covina and went to college at Cal Poly Pomona. I went to law school in Western State University College of Law. I believe that by helping injured victims, I am making a difference in their lives.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.