Kristopher earned his J.D. at the University of Southern California Gould School of Law where he was a member of the Review of Law and Social Justice honors law journal and was awarded several scholastic honors.
Let’s assume you or a loved one hit a jaywalker in California. If there’s a lawsuit, who would be at fault?
The short answer is: it depends.
When a vehicle strikes a pedestrian, it’s easy to assume the driver will be at fault. But, it’s not always the case. If a jaywalker was violating traffic laws—for example—a judge may find the pedestrian to be negligent and reject their compensation claim.
In California, however, negligence is complicated by comparative fault rules.
In this article you’ll see:
- How to know who’s at fault after hitting a jaywalker
- Three real-life examples of drivers held “not liable” after striking a jaywalker in California
- How California laws mean both parties could be sued (in certain cases)
I hope it helps you understand where you stand.
Navigating liability and your own recovery can be overwhelming. Peerali Law will help protect you protect yourself against lawsuits, fight for fair compensation, and ensure you get the justice you deserve.
Contact UsIs Jaywalking Illegal in California?
You might be wondering what happens if you hit a pedestrian jaywalking.
But before answering this question, it’s important to have a basic understanding of the rights and duties of pedestrians under California law.
So is jaywalking legal or illegal in California?
Jaywalking is actually illegal in California. However, as of 2023, officers can only issue jaywalking citations if there is an immediate risk of a collision.
The Freedom to Walk Act allows Californians to jaywalk without receiving a citation if they do so safely. This law, effective January 1, 2023, aims to reduce penalties for crossing streets outside of designated crosswalks, provided the action does not create an immediate danger.
If You Hit Someone Jaywalking, Who Is at Fault?
If you hit a jaywalker in California, you could be at fault if it’s clear that you were responsible for causing the accident.
However, determining fault—also referred to as “liability” or “negligence”—can be complex.
In any personal injury case, the key issue is proving negligence. To establish fault, you need to demonstrate that one or more parties acted negligently, directly causing the incident that resulted in injury.
To win a personal injury lawsuit, you must prove four key elements:
- Duty: Someone has a legal obligation to adhere to a certain standard of care based on their relationship with another party.
- Breach: The individual fails to meet the required standard of care.
- Causation: The breach of duty directly leads to the accident.
- Damages: The injured party suffers actual monetary damages from the accident.
If the jaywalker can show that the driver was negligent, then the driver may be held responsible for damages (more on this below).
But, if you are not negligent, you could walk away without being held liable.
Three Real-Life Examples of Drivers Held “Not Liable” After Striking a Jaywalker in California
Example 1 – Driver “Not Liable” After Striking Jaywalker in Marysville, California
In the case of Sehgal v. Knight, a driver was found not liable after striking a pedestrian who was crossing outside of a crosswalk—or jaywalking. The pedestrian suffered injuries.
Following the accident, the pedestrian filed a lawsuit against the driver seeking compensation for medical bills, pain, and suffering.
The case ended up in the California Court of Appeal.
The plaintiff’s attorneys argued that the driver was responsible for failing to exercise due care in the area where the accident occurred. However, the defense countered by demonstrating that the pedestrian’s actions violated local ordinances—which required pedestrians to yield to traffic when crossing outside crosswalks.
This case highlights an important point for jaywalking cases.
Depending on where the accident occurred in California, local rules may mean drivers are not always held liable for damages in cases involving jaywalkers. Therefore, it’s crucial to understand those local laws in your area and how they can influence the outcome of such cases.
Example 2 – Driver Not Liable for Pedestrian Injuries Due to Being “Judgment Proof” in Stockton, California
Following a case tried in San Joaquin County Superior Court, California, a driver did not pay compensation for injuries sustained by two pedestrians who were hit while crossing a busy nine-lane street. The pedestrians, aged 54 and 59, suffered traumatic brain injuries, severe fractures, and developed post-traumatic stress disorder.
The driver was uninsured, and as a result, they were considered “judgment proof”. This means there were no assets or insurance to collect from, even if they were found at fault.
And that’s not all.
Despite a police report finding the pedestrians at fault for jaywalking, they instead filed a lawsuit against the City of Stockton. They claimed the pedestrian walk light was too short and violated both state and city standards. The case was eventually settled for $2.65 million via mediation.
This case underscores how municipalities can be held liable in jaywalking accidents. Sometimes defective infrastructure—like inadequate pedestrian signals—can be a key factor in determining liability.
Example 3 – Driver Not Liable After Striking Pedestrian on “Busy Street” in Los Angeles
In the case of Kuist v. Curran, the driver was not held liable after striking a pedestrian who was standing in the middle of a busy street in Los Angeles.
The plaintiff sued for injuries sustained during the accident. But the California Court of Appeal found the defendant was not responsible for the collision. The defendant testified that she saw the plaintiff standing in the street and attempted to drive behind her, but the plaintiff moved suddenly, stepping backward just as the car was approaching.
This case highlights a key point: A driver’s responsibility to exercise care does not necessarily make them liable if the pedestrian’s actions clearly contribute to the accident.
What if Both the Driver and Jaywalker are Partly Responsible?
In California, a jaywalker may be liable for a collision if they violate traffic laws.
However, determining responsibility gets complex when both parties share some degree of fault.
California has what’s called a “comparative negligence rule”. It stems from the landmark case Li v. Yellow Cab Co. (1975), which found that both parties’ actions can be evaluated to assign fault. So damages can still be awarded even if the injured party was partly of fault.
For example, if a jaywalker is found 30% at fault, their compensation claim will be reduced to that 30%.
This is crucial to understand. Because it means that even if the jaywalker was breaking the law—and even if their actions contributed to the crash—you could still be sued for a percentage of damages if you’re held partly liable.
Factors That Could Make a Jaywalker at Fault
While jaywalking is illegal in California, determining negligence really depends on the specific circumstances of the situation. Even if you believe the accident wasn’t your fault, it’s important to understand that there are several factors that could help establish the jaywalker’s negligence.
Knowing these factors is crucial, as they can play a significant role in determining liability.
Some common examples include:
- Failure to Follow Crosswalk Signals: Crossing the street against a “Don’t Walk” signal can make a pedestrian partially liable for any accident.
- Not Using a Designated Crosswalk: Pedestrians who cross the street outside of a marked crosswalk may be considered partially at fault for not using the safer, designated crossing area.
- Walking in the Street Instead of on the Sidewalk: Walking on the roadway when a sidewalk is available puts the pedestrian at greater risk and may contribute to their liability.
- Distraction from Texting or Using a Phone: Pedestrians engrossed in their phones or texting while walking may fail to notice oncoming traffic, increasing the risk of accidents.
- Walking Late at Night in Low-Lit Areas: Pedestrians walking in poorly lit areas at night may be partially at fault for not ensuring their own visibility, especially if they are wearing dark clothing.
- Walking in Areas with Poor Visibility: Crossing the street where visibility is obstructed—such as around corners, curves, or large vehicles—could result in shared fault if the pedestrian’s actions increase the likelihood of an accident.
- Ignoring Traffic or Pedestrian Laws: Pedestrians who fail to obey basic traffic laws, such as running red lights or ignoring “no pedestrian” signs, may be held partially accountable for any resulting collisions.
- Entering the Road Unexpectedly: Sudden movements into traffic without checking for approaching vehicles can place a pedestrian at fault for any resulting accident.
- Failure to Yield to Vehicles in Certain Conditions: Even outside of crosswalks, pedestrians may need to yield the right of way when there is heavy traffic or poor road conditions that increase the danger.
- Impairment or Intoxication: Pedestrians who are under the influence of alcohol or drugs may be seen as contributing to their own injury by impairing their ability to safely navigate roads.
Factors That Could Make a Driver Partially at Fault
Given California’s comparative negligence laws, you could be partially at fault for striking a jaywalker. This means that even if you weren’t 100% responsible for the accident, you could still be held liable for negligent actions that contributed to the collision.
Some common examples of driver negligence that could lead to partial fault include:
- Speeding: If you were driving above the speed limit or too fast for road conditions, this could be considered negligent and a contributing factor to the accident.
- Failure to Yield: Even if the jaywalker was crossing illegally, if you failed to yield the right of way when required by law, you could be found partially at fault.
- Distracted Driving: If you were texting, using a phone, or engaging in any other distractions while driving, this could impair your ability to notice pedestrians and react in time.
- Inadequate Visibility: Driving in poor weather conditions without headlights on, or not adjusting to reduced visibility, could be seen as contributing to the accident.
- Failure to Observe Crosswalks: If you failed to stop at a marked crosswalk or did not observe a pedestrian crossing, even if they were jaywalking, this could be considered negligence.
- Not Checking Blind Spots: If you didn’t check your blind spots properly when making turns or lane changes, this could result in missing a jaywalker who might be in your path.
- Driving Under the Influence: If you were under the influence of alcohol or drugs, this could impair your judgment, reaction time, and overall ability to drive safely, making you partially responsible for the accident.
Get a Free Case Review
Whether you’re the driver involved in a pedestrian accident or a jaywalker who has been struck, understanding liability is crucial to ensuring you’re treated fairly under the law.
At Peerali Law, we understand the complexities of pedestrian accident cases, and our team is dedicated to protecting your rights. With over $50 million in case results, our Los Angeles-based attorneys have a proven track record in handling complex and catastrophic injury cases.
If you’ve been involved in a pedestrian accident, contact us today for a free consultation.
Or call now at (818) 688-4050.
Frequently Asked Questions
What Should I Do If I Hit a Jaywalker in California?
If you hit a jaywalker, ensure everyone’s safety first, call 911 if there are injuries, exchange information with the pedestrian, and document the scene. It’s also wise to contact your insurance company and consult a personal injury attorney for legal advice.
Can a Jaywalking Pedestrian File a Claim for Damages?
Yes, a jaywalking pedestrian can file a claim for damages in California, even if they are partially at fault. California’s comparative negligence laws allow them to recover compensation, which may be reduced based on their percentage of fault in the accident.
How Can I Prove Fault in a Pedestrian Accident Involving Jaywalking?
To prove fault, evidence such as witness statements, traffic camera footage, and police reports can be helpful. Demonstrating the pedestrian’s actions at the time of the accident and any violations of traffic laws will also be crucial in establishing liability.
Can You Go to Jail for Hitting a Jaywalker?
If the jaywalker is not seriously injured or killed, you may face a fine or traffic citation instead of jail time. However, if the jaywalker is seriously injured or killed, you could face criminal charges, including vehicular manslaughter, which may result in jail time.