Pedestrian Injured in Motorcycle Crash
A woman suffered a possible concussion when she was hit by a motorcycle in South Bay, according to recent reports. The victim, who may have been jaywalking at the time, was holding her three-year-old child at the time of the crash. The child was not hurt in the accident, which took place in the 1000 block of East 18th Street in the National City area.
The motorcycle rider claimed that the woman stepped out into his path. He swerved right to avoid her, but she also swerved right, causing him to lay his motorcycle in the roadway to try to avoid the collision. The bike swept the woman’s feet from under her. She sustained possible head trauma and was taken to the hospital for an examination. The motorcyclist suffered only minor injuries.
Police confirmed that the victim was not in the crosswalk at the time of the crash. There has been no word on whether charges will be filed in the case.
What Is Jaywalking?
Jaywalking is the act of crossing a street outside of a marked or unmarked crosswalk. Some intersections have marked crosswalks with lines showing pedestrians where it is safe to cross, while at other intersections there are implied or “unmarked” crosswalks. In general, pedestrians have the right of way at any intersection, provided they do not “leap” in front of an oncoming vehicle.
However, while jaywalking is dangerous and can even result in criminal charges, the act does not absolve the driver of responsibility if a pedestrian is hit and injured. Under California law, both the driver and the pedestrian may share responsibility for the accident, depending on the level of negligence displayed by both parties.
In many cases of shared responsibility or contributory negligence, the victim’s judgment is reduced by a certain percentage. For example, if a jury hears a case of a jaywalking pedestrian and learns that the driver in the case was speeding, they may determine that the pedestrian’s actions were 20 percent responsible for the outcome while the driver was 80 percent responsible. In that case, the pedestrian would be entitled to 80 percent of the proposed judgment amount.
If you have been injured in an accident, even if you believe that you may have been partially responsible, contact Daniel M. Gilleon, a personal injury attorney in San Diego. Mr. Gilleon will review your case and help you determine if you are entitled to compensation from the person who caused your injuries.
