Maison Law Accident and Injury Lawyers helps pedestrians that have been injured in accidents throughout the city. Jaywalking is no longer illegal in the city because of the Freedom to Walk Act, but the reality is that it raises certain questions. Still, you have rights. For guidance, contact us today for a free consultation to talk about your options.
Do You Need a Lawyer?
Every situation is different, even those that come from the same circumstances. As a pedestrian, when you’re injured in an accident, it’s typically more serious because you’re going up against a heavier, moving vehicle. Whether you’re “jaywalking” or not, you’re probably going to need help when you’re injured in an accident. So, while you aren’t required to get a lawyer, you still probably need one. Here’s how our team helps you:
- Guiding you through the claims process and helping you with evidence to strengthen your case.
- Dealing with insurance companies to get you a fair settlement.
- Handling the paperwork and communication with insurance companies and lawyers so you can focus on healing.
When you’re injured, everything becomes more difficult. That’s why you’d need a lawyer in this situation, and our team will be there to support you.
Am Liable When I’m Injured While Jaywalking as a Pedestrian?
A situation where you’re hit by a car is incredibly stressful, whether you’re “jaywalking” or not. Jaywalking is no longer illegal anywhere in California because of the Freedom to Walk Act, but that doesn’t eliminate the risks associated with one of these accidents. And while you might not technically be liable, one of these accidents is going to leave you facing many questions–on top of concerns about “comparative negligence,” which will reduce your overall damages.
Specifically, though, the person liable for a pedestrian accident still comes down to negligence, or the:
- Failure to act in a way that keeps others safe.
So, when you’re hit by a driver as a pedestrian, you still need to show that:
- The driver had a duty to avoid causing harm.
- They breached that duty by causing the accident.
- This led directly to the accident and your injuries.
Drivers have a legal obligation to act “reasonably” to prevent accidents, based on what a reasonable person would do in similar circumstances. While most pedestrian accidents result from driver negligence, there are situations where you, the pedestrian, may share some blame–and jaywalking is one of the most common of these situations.
In California, the “comparative negligence” rule applies. If you’re partially at fault for the accident, your damages are reduced by your percentage of fault. For example, if you’re found 15% responsible, your damages are reduced by 15%. All of this means that you’re going to need to take the right steps to protect your claim.
How Can I Protect My Claim If I’m Hit While Jaywalking?
Again, the most important thing for you to know in a situation where you’re injured as a pedestrian if you’re jaywalking is that you still have the legal right to file a claim. But remember, simply having the right to file a claim isn’t enough–especially when there’s jaywalking or some other form of comparative negligence that an insurance company is going to use. Regardless, taking the following steps can protect your claim as much as possible:
- Call 911 for help – Your health is the top priority. Call 911 immediately, and if necessary, get further treatment at a hospital.
- Report the accident to police – With 911 on the line, ask them to send local law enforcement to take care of the scene. They’ll file a report about the collision, and the documentation will be important for your insurance claim.
- Get as much information as you can – Exchange contact and insurance details with the driver and any witnesses. This information is going to be very important for starting your claim and moving the process along.
- Show the scene – Take pictures or videos of the accident site, your injuries, and any other relevant details that might help your case, like missing signs.
- Be cautious – Don’t admit fault or say “sorry,” since it could be used against you. Also, don’t post about the accident on your social media. The less you say, the better.
Taking the right steps after an accident is critical for your health and the success of your claim–particularly when you’re jaywalking. But the most important thing is making sure you can put together the strongest possible claim for your damages.
What Damages Can You Get When You File a Claim?
Getting hurt as a pedestrian means pretty serious damage, whether it be injuries, missed work, or just overall changes to your life. Jaywalking itself doesn’t factor into the actual claims process. You still get to file a claim and try to recover as much as you can. Typically, you do this by:
- Filing an insurance claim out of court
- Filing a lawsuit
Whichever option you choose, your goal is trying to recover things like:
- Medical bills – This includes hospital visits, doctor care, physical therapy, medications, and future treatment.
- Lost wages – These damages are for any lost income from missed work.
- Pain and suffering – This covers costs relating to your physical pain caused by your injuries.
- Emotional distress – Similarly, this covers the mental health struggles like anxiety or trauma caused by the accident.
- Reduced quality of life – When the accident reduces your ability to enjoy your life, you can ask for these damages.
- Wrongful death expenses – In cases of a tragic loss, covering funeral costs and financial support for the family.
Not all these damages will apply to every case, but our team will review your situation and help you understand what you can get. Even more importantly, though, you have two years from the date of the accident to file a claim. Miss this deadline, and you can’t recover damages at all.
Get Help After a Jaywalking Accident with Maison Law Accident and Injury Lawyers of Fremont
As a pedestrian in Fremont, jaywalking might not be illegal, but it can still lead to pretty serious injuries in an accident. What’s worse, it can raise certain questions when it comes to your legal options. At Maison Law Accident and Injury Lawyers of Fremont, our experienced pedestrian accident lawyers will be there to guide you through this process and make sure you have what you need to get the most out of the claims process. Contact us today for a free consultation.