Does California’s New Jaywalking Law Affect My Injury Claim?

By Eugene Bruno on May 30, 2023

At the beginning of 2023, jaywalking became legal under California’s new law, The Freedom to Walk Act. Under this new law, people can cross the street outside of a crosswalk without getting a ticket if they can do so safely. Police can still ticket those who cross the street outside of a crosswalk if they do so in a way that could cause an accident.

How Does This Impact the Rights of Pedestrians?

Although pedestrians can now cross the road outside of a crosswalk, this does not impact right-of-way laws. That means you must still yield to traffic when crossing the road, regardless of if you are doing so inside or outside of a crosswalk.

If an accident occurs while you are jaywalking, you could be partially liable for the resulting accident. California’s new jaywalking law does not relinquish you of your duty of care to others. Just as drivers must do what they can to reasonably prevent an accident from occurring, pedestrians must take care to only cross the road when it is safe and does not create an immediate danger.

The new law also provides some protection for pedestrians they did not previously have. If you crossed the road outside of a crosswalk when it was safe, but an accident still occurred because the driver was negligent, you may be able to recover compensation for your injuries.

Compensation for Injured Pedestrians

If you were hit by a negligent driver while crossing the road, you could file a personal injury claim to pursue compensation for your injuries.

Compensation could encompass a variety of economic and non-economic damages, including:

• Medical expenses, including emergency medical treatment, follow-up appointments, physical therapy, medical devices, and prescription medication.
• Lost wages or reduced earning capacity caused by your injuries.
• Property damage, such as a cell phone, glasses, or any other personal items that were damaged as a result of the accident.
• Other out-of-pocket expenses caused by the accident.
• Physical pain and emotional suffering, including psychological trauma, loss of quality of life, and more.

The severity of your injuries and whether or not you are able to fully recover from them will have a significant impact on any compensation you are able to recover. To improve your chances of winning your case, it is crucial to hire an experienced San Diego pedestrian injury lawyer who can guide you through every step of your case and advise you on the best course of action. If the at-fault party’s insurance company offers a settlement, do not accept it until you have spoken with an attorney. If you accept it and the amount is too low, you cannot reopen your case to pursue a fairer settlement.

Talk to a Skilled San Diego Personal Injury Attorney for a Free Case Review

If you were injured in a pedestrian accident caused by a negligent driver, you may be dealing with severe injuries and high medical costs. You should not have to bear this burden, which is why it is crucial to hire a knowledgeable San Diego personal injury attorney to handle your case. At Eugene Bruno & Associates, our personal injury team in San Diego is committed to representing accident victims and would be honored to provide compassionate legal guidance and support during this difficult time.

Having a personal injury lawyer on your side at this time could help improve your chances of obtaining the results you deserve. We also offer our services on a contingency fee basis, which means you will not owe us any legal fees unless we win your case.

Call us today at (619) 209-6066 for a free case evaluation.