A pedestrian who was allegedly “jaywalking” was seriously injured in Clairemont pedestrian crash, according to reports. The 21-year-old victim was crossing Clairemont Mesa Boulevard at Clairemont Drive when he was struck by a Chevy Malibu traveling west. The victim was rushed to an area hospital with possibly life-threatening head injuries.
“Jaywalking” is a term applied to the action of a pedestrian in crossing the street in a manner that is considered unsafe or even illegal. For example, a jaywalker might cross a street in the middle of a block instead of in the marked crosswalk, or cut across an intersection on a diagonal.
While jaywalking is technically a crime in many cities, most police officers do not ticket pedestrians unless they are also committing some other offense. However, jaywalking can lead to a pedestrian accident, and the victim may have a harder time collecting compensation by giving the driver a ready-made defense.
While it is still the driver’s responsibility to avoid a pedestrian crash, California also allows a jury in a civil case to hear evidence that may mitigate the driver’s liability. For example, if a driver can show that a pedestrian was crossing the street against a light or jaywalking, the jury may reduce the amount owed to the victim by whatever percentage they feel the victim was at fault. This is known as comparative liability, and in California, it can greatly impact the amount a victim recovers in a civil trial.
However, comparative liability can also work in the victim’s favor. Even if a victim was partially at fault in a pedestrian crash, he or she may still be able to recover damages from the driver. This can include payment of medical bills and expenses as well as compensation for pain and suffering. While the amount may be somewhat reduced due to the victim’s fault in the accident, it is still possible to collect money to pay for expenses and costs.
If you have been the victim of a pedestrian crash, do not allow an insurance company to talk you out of filing a claim because you were “at fault.” In addition, you should never settle a pedestrian accident case without discussing your options with a personal injury attorney like Daniel M. Gilleon of San Diego. With years of experience in helping the victims of pedestrian crashes, Dan Gilleon is ready to work with you to maximize the amount you collect in your case. Contact him today for a free consultation.