If you have ever paid attention to sidewalks and crosswalks in Los Angeles, you know that jaywalking is common. This is, of course, illegal.
But what happens if someone who is jaywalking is hit by a car? Can they sue the driver of the car that hit them? Possibly. It depends on the details of the accident. For example:
- If you were jaywalking and ran out in front of traffic and were hit by a car, you will be solely at fault. Most likely, the driver did no wrong.
- If you were jaywalking and were hit by a car that was speeding, the driver was texting or was intoxicated, then he or she could be held partially liable.
Ultimately, as the victim and plaintiff, if you sue, you have the burden of proving that the driver was negligent. That means proving that:
- The driver owed you a duty of care. All drivers are required to obey traffic laws and drive safely, which is their duty of care to others on or near the road.
- The driver breached their duty of care. Examples include running a stop sign or traffic light, speeding, or driving while intoxicated.
- The driver’s breach is the cause of your injuries. If the driver’s actions are not the cause of your injuries, then he or she will most likely not be liable.
- That you suffered actual damages as a result of your injuries. For example, medical bills, lost wages, or property damage.
Proving fault in an auto accident claim can be complicated. It is best to contact a car accident lawyer to find out what your best options are.