While pedestrians are considered to have the right of way, pedestrians still have duties to fulfill like other road users. A driver is not required to anticipate that a pedestrian may suddenly run directly into the path of a car. There are certain actions which can render a pedestrian at fault.

Yes, you can still receive compensation if you were partially at fault for the accident. Actions like crossing against the traffic signal or walking along highways and bridges can render you partially responsible for an accident. Fortunately, California operates under a pure comparative negligence standard. Your award will simply be reduced by your percentage of fault as determined by the court.

Like drivers, pedestrians have a responsibility to act with reasonable care while traveling. Pedestrians must obey all traffic signs and signals. Similarly, they should carefully observe traffic conditions before attempting to cross a street. A pedestrian should not begin or continue to walk forward if an oncoming vehicle is approaching.

Pedestrian accidents should not be treated like normal auto collisions. Unlike drivers, pedestrians are not protected from impact by a metal cage. Pedestrians are 10 times more likely to die in a collision than a passenger in a motor vehicle. The injuries are typically far more severe as well. Catastrophic injuries require more financial resources for recovery. Your personal injury attorney should understand this and should fight tooth and nail to place the financial burden on the shoulders of the at-fault party.

Even if you don’t feel like you’ve suffered any major injuries, you should still contact a lawyer to understand your legal options. It’s not uncommon for severe injuries to manifest hours or days after an accident and studies have shown that those who retain legal counsel recover up to 40% more than those who try to file a claim without a lawyer. You may end up having more of a case than you think.

As you’re probably already aware, jaywalking or the act of crossing a road somewhere other than a marked intersection is illegal in California. If you were injured crossing a street illegally, you can be held at least partially responsible for the accident. Depending on the circumstances surrounding the accident, you may not have a case. However, even if you were crossing the street illegal, the driver that hit you still had a duty to remain vigilant for pedestrians while driving.

California follows a pure comparative negligence standard. This means that if the other driver was even partially at fault, you can recover compensation. Your compensation will be reduced by your percent of fault for the accident. So, if you’re found to be 45% responsible for the accident, you will be eligible to receive 55% of your settlement award.