Legal Question in Civil Litigation in California

Jaywalking

Can a person who is jaywalking and hit, sue the person who hit her and win?


Asked on 4/26/07, 1:51 pm

6 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Jaywalking

If the driver was at fault by some percentage, the driver would be liable. Even if you were also at fault. If you suffered injuries, give us a call. We can help you.

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Answered on 4/26/07, 2:20 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Jaywalking

That's a possibility, but the trier of fact (jury or judge) would have to weigh the percentage of the pedestrian's fault and reduce the total judgment (if any) accordingly.

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Answered on 4/26/07, 2:21 pm
Mark Leonardo Law Office of Mark J. Leonardo

Re: Jaywalking

Jaywalking pedestrians are not fair game.

Even if you may have been partially at fault, you may still have a valid claim.

Call at your convenience for a free initial consultation.

310.456.7373.

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Answered on 4/26/07, 2:22 pm
Anthony Roach Law Office of Anthony A. Roach

Re: Jaywalking

At one time in this state, she would not have a good chance of winning, because of the doctrine of contributory negligence. Under this common law doctrine, a plaintiffs recovery would be barred if the defendant could show that the plaintiff was also at fault.

This doctrine was abolished in California by the California Supreme Court in the landmark case of Li v. Yellow Cab (1975) 13 Cal.3d 804.

Instead of contributory negligence, this jurisdiction observes comparative fault. Through this system, the jury determines the percentage of fault of the parties, and this in turn will reduce a plaintiff's recovery, but it will not completely bar it.

Very truly yours,

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Answered on 4/26/07, 2:25 pm
Terry A. Nelson Nelson & Lawless

Re: Jaywalking

Quite easily. If that's you, feel free to contact me to discuss the facts and damages.

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Answered on 4/26/07, 3:41 pm
Joel Selik www.SelikLaw.com

Re: Jaywalking

yes.

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Answered on 4/26/07, 4:02 pm


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