If you are hit as a pedestrian and you were jaywalking, then you have no legal rights – correct? False. A person who was the victim of a pedestrian accident while breaking the law often has more rights than they realize. Keep reading to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 to request a free legal consultation.
Understanding a Pedestrian’s Right of Way
Pedestrians have the right of way if there is no traffic control or if said traffic control is not working. If so, the driver is required to yield the right of way if the pedestrian is in a marked crosswalk – but they are also required to do so if they are not in a marked crosswalk. The driver should slow down and let the pedestrian cross.
This means that if you are walking down the street and come to a stoplight that is not working, you can cross the street legally – the driver must stop for you. Of course, not all drivers know this or are paying attention as well as they should. It is best to look both ways and make sure everyone is stopped before you cross.
Understanding Pedestrians’ Responsibility
Even though it is true that cars are legally required to give pedestrians the right of way, this does not mean that you can simply walk out in front of a car with no legal repercussions. California is a comparative negligence state which means that a pedestrian can be held partially responsible for their behavior. Put simply, a pedestrian cannot do whatever they want and then attempt to put all the blame on the driver.
What to Do If You Are Injured While a Pedestrian
If you are hit by a car while a pedestrian then your top priority needs to be finding and receiving medical care. If you are able to safely do so you can also gather evidence at the scene such as the name and contact information for the driver. The police should always be called. Even if you were “only” bumped and do not feel that you have suffered a serious injury, it is possible you are dealing with an internal injury that only a doctor could locate. Having a police report of the incident makes future personal injury claims or lawsuits easier.
Once you are safe and have been treated for any injuries, contact a personal injury attorney. You can call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. Do not wait to do so. The sooner you call us the easier it will be to find the evidence we need to support your claim. Call us now and let us get to work for you.