Introduction
The first thought that comes to mind when a person gets hit by a vehicle is that the driver is to blame. However, in the case of pedestrians, the reality is different when it comes to jaywalking. In California, the assessment of blame is an involved process because of the behavior of the pedestrian and the driver. This article aims to explain the assignment of fault in jaywalking cases, the boundaries of the law in such matters, and how the review of medical records assists attorneys handle cases involving injuries from accidents.
What is Jaywalking?
Jaywalking is the action of crossing a street carelessly or without following the rules of traffic direction. California considers jaywalking as illegal although sometimes, it is not strictly applied based on the location and other factors.
California’s Jaywalking Statutes
• Legal Definition: A person crosses the road through a crosswalk as provided for in California’s Vehicle Code Section 21955 unless there is a reasonable safety boundary to not do so.
• Policing: According to the Freedom to Walk Act effective 2023, civilians can now walk across roads even without crosswalks as long as it is done safely and avoids causing immediate danger.
Consequences of Jaywalking
Jaywalking pedestrians involved in accidents can face the consequences of being deemed partially or fully liable, which can limit their ability to recover damages.
Determining Fault in Jaywalking Accidents
Comparative Negligence in California
With California’s system of pure comparative negligence, any number of parties may attribute fault to another to some degree. Because of California’s system, even pedestrians who are partly to blame may receive compensation for injuries sustained.
• Example: In the case of a pedestrian who jaywalks, if they are found to be 30% at fault for an accident, the amount they are compensated will also be reduced by 30%.
Factors Influencing Fault Determination
- Pedestrian Behavior: Not looking both ways, crossing signals, and crossing in front of vehicles may contribute to the fault of the pedestrian’s behavior.
- Driver Behavior: Determining fault may also be influenced by whether or not the driver was speeding, distracted, or ran a red light.
Case Studies
Case Study 1: The Busy Intersection Incident
Overview: A pedestrian attempts to jaywalk across a busy intersection and is hit by a car traveling overly fast through a yellow light.
Challenges: Determining what percentage of the fault belongs to the pedestrian vs the driver.
Solutions: The driver’s speed as well as the pedestrian’s movements was determined from witness statements and footage from traffic cameras.
Compensation: The jury apportioned 70% fault to the driver and 30% to the pedestrian, thus lowering the amount the pedestrian would receive.
Case Study 2: The Distracted Driver
Overview: A pedestrian was struck while crossing a street illegally, but the driver’s phone was in use during the time of the accident.
Challenges: Proving the driver’s distraction, as well as proving that the pedestrian was jaywalking.
Solutions: A combination of police transcripts, medical records, and other documents were evaluated to construct the narrative for both individuals.
Compensation: By a preponderance of evidence, the court charged a portion of fault equal to 60% to the driver and 40% to the pedestrian and compensated the pedestrian accordingly.
The Role of Medical Records in Personal Injury Cases
Importance of Medical Records
Medical documentation, in the form of records, is vital in cases of personal injury as it show the injuries claimed, treatment given, and effects on the victim’s day-to-day life.
• How We Assist Attorneys: Our services offer assistance to lawyers in reviewing documents and making headers to aid in their cases more efficiently.
Key Elements of Medical Records
- Diagnosis and Treatment: An internal summary of the patient’s injury alongside the medical activity performed on him/her.
- Prognosis: Estimations of possible duration of recovery and effects of conditioning.
Cost: Medical bills resulting from the accident are categorized as expenses that are eligible for reimbursement.
Conclusion
Assessing responsibility in jaywalking accidents within the California jurisdiction is not a straightforward approach since different aspects, such as what the pedestrian and driver do, come into play. It is critical to grasp the legal structure together with the concept of comparative negligence use in these cases. Medical record review services may assist an attorney to prove an issue by showing how deeply an injury in such case does impact the person involved.
