4 ms·
I cross the street, intersection or otherwise, assuming that unless eye contact and acknowledgment have occurred, I am invisible. I looked up how liability wou
by givemeethekeys 4y ago
I cross the street, intersection or otherwise, assuming that unless eye contact and acknowledgment have occurred, I am invisible.
I looked up how liability would be distributed if a jaywalker gets hit by a car and found this: https://www.mcreynoldsllp.com/hit-jaywalker-at-fault/ https://www.mcreynoldsllp.com/hit-jaywalker-at-fault/
Quote:
"California follows a comparative negligence scheme. That means that a fact-finder (a judge or jury) will look at the actions of everyone involved in an accident and determine the percentage that each person is at fault. If a plaintiff was 40 percent at fault for the own accident, then their total injury award will be reduced by 40 percent.
If a driver hits a jaywalker, it is clear that the pedestrian was at least partially at fault for the accident. That does not, however, mean that the pedestrian was entirely at fault. If the auto driver was speeding, intoxicated, passing on the right, distracted, or otherwise driving negligently, then they may share fault. A judge or jury will weigh the actions of each party and the circumstances of the accident to determine each party’s relative fault and will adjust the potential damage awards accordingly.
If you were driving and a jaywalker jumped in front of your car, causing you to hit the pedestrian, swerve, crash your car, and injure yourself, you may have a personal injury claim against the pedestrian. The same analysis described above will ensue: Were you acting negligently? How negligent was the pedestrian? Who really caused the accident? A dedicated California car accident lawyer can evaluate your case and determine whether you, as the driver or the pedestrian, has a valid claim against the other parties involved and whether your potential award is likely to be reduced as a result of the comparative levels of fault."
- tssva 4y agoI live in Virginia which the article mistakenly claims to have legalized jaywalking. Jaywalking is still a crime in Virginia but is now only chargeable as a secondary offense. Virginia doesn't have partial liability in most civil cases. If you are partially at fault to any degree, you will not receive any damages. I know someone that was hit by a drunk speeding driver on a motorcycle but received no civil damages because they were jaywalking and therefore deemed partially responsible.
- dsfyu404ed 4y ago>I live in Virginia which the article mistakenly claims to have legalized jaywalking. Jaywalking is still a crime in Virginia but is now only chargeable as a secondary offense. That sounds perfectly fine. Do it right, all is well. Do it wrong and cause problems you pay up for the problem you caused and for trying to pull a move your were not competent enough to pull off (jaywalking, in this case) More road rules should be like that.
- lupire 4y ago> if a jaywalker That is a car seller's propaganda slur for "pedestrian" or "human in a natural non-vehicular state".
- Spivak 4y agoOkay we need to dial this back a bit. Everyone is safer when drivers only have to worry about pedestrians in the road at specific marked points. Jaywalking the crime was/is intended to protect pedestrians from “it doesn’t matter if you legally have the right of way if you’re dead” which is why it doesn’t change the law for drivers.
- givemeethekeys 4y ago"Pedestrian" or "human in a natural non-vehicular state" aren't specific enough to our conversation. "Jaywalker" is accurate and everyone understands what jaywalking means.