Can I File A Pedestrian Accident Claim in Camarillo If I’m Not in A Crosswalk? 
Over the years, there have been car crashes in Camarillo that involved pedestrians. While it is true that a pedestrian victim may seek restitution for the damages, there is a possibility that they may lose the case or receive reduced compensation if they were not in a crosswalk when the Camarillo accident happened.
By reading the article below, you will learn how to file a claim for a pedestrian accident in Camarillo despite walking outside a crosswalk.
Is Jaywalking Legal in Camarillo?
While jaywalking is illegal in most states, walking outside the crosswalk is now legal in Camarillo and other areas in California.
Starting January 1, 2023, California permits pedestrians to jaywalk under the Freedom to Walk Act. However, there are certain restrictions when doing so. Pedestrians may face legal consequences if they jaywalk under these circumstances:
- There is an imminent and foreseeable danger when crossing the street or intersection.
- The pedestrian didn’t yield the vehicle’s right of way when crossing a street outside a designated crosswalk.
If you jaywalk under these instances, you may likely pay compensation for the accident’s damages or receive a reduced settlement if the vehicle has a fair share of fault for the accident. Additionally, you will face legal penalties for illegally jaywalking.
How Much Is a Jaywalking Ticket in Camarillo?
Depending on the severity of the traffic violation, a jaywalking ticket is valued at around $196 to $250. The overall ticket cost will be significantly higher due to state-mandated fees and assessments.
While there are legal penalties for jaywalking with imminent danger, no points will be added to your DMV driving record.
How to Establish Negligence in a Camarillo Car Accident?
Like any personal injury claim, you must establish negligence to initiate a claim. Generally, there are four elements of negligence that you will have to prove in a pedestrian accident claim, namely:
Duty of Care
Duty of care means that a person has the responsibility to act accordingly, ensuring the safety of others. Essentially, all drivers must exercise reasonable care when operating their vehicles to avoid injuring others.
Usually, a duty exists depending on these factors:
- The severity of the potential harm,
- The possibility of having better options compared to the action taken,
- The need to avoid harm,
- The link between the undesirable activity and the damage.
Likewise, pedestrians should also be careful and attentive when crossing. While jaywalking has been decriminalized in California through AB 214, or the Freedom to Walk Act, a pedestrian should only walk and use the streets if there are no risks of crashes.
Breach of Duty
Breach of duty is when a person disregards their responsibility to act carefully and ensure the safety of others. In most cases, a judge may find a breach of duty when the at-fault party acts differently from how a reasonable person would have responded given the same circumstances.
Breach of duty can be in the form of:
- Disobeying traffic signs and signals.
- Driving over the speed limit.
- Neglecting California laws and safety standards.
- Avoid attending to victims of a car accident in case they are involved in one.
In the same way, a pedestrian can also neglect their legal responsibility by crossing a road with potential risks or dangers.
Causation
In a personal injury claim, you must establish that the breach of duty caused an accident. This means you must show that you wouldn’t be in a pedestrian accident if the driver were careful enough.
In most cases, you can gather evidence at the accident scene to demonstrate causation, such as:
- The driver’s details, such as:
- their name,
- residence, and
- insurance provider number,
- Photos of the injuries or damages you incurred from the Camarillo car accident,
- Contact information and testimonies of witnesses, if there are any, and
- CCTV or surveillance footage within the premises.
Damages
Finally, you must prove that the Camarillo car crash resulted in damages to build a case. You may do this by collating the necessary documents that will justify your injuries or other damages from the collision, such as:
- Doctor’s diagnosis,
- Treatments, prescriptions, or rehabilitation,
- Additional medical bills and records,
- Medical equipment or health aids, if necessary,
- Vehicle repair costs,
- Vehicle replacement bill,
- Lost wages,
- Future loss of income if your injury persists, and others.
Remember that you can’t file a Camarillo accident claim without injuries or damages from the crash. This is why you must gather this evidence that will showcase the damages from the car crash in Camarillo.
Who Can Be Held Liable For A Camarillo Car Crash with Pedestrians?
Several parties can be held liable for a Camarillo car crash under differing circumstances. The following may be responsible for the accident depending on the facts of the collision:
The driver is responsible for the pedestrian crash.
If the driver is entirely at fault for the accident, you may file a pedestrian accident claim against them. Typically, you will need to prove the following elements to receive compensation for the accident’s damages:
- The driver had the responsibility to ensure everyone’s safety.
- They failed to fulfill this duty.
- The breach caused your pedestrian accident in Camarillo.
- The crash resulted in injuries or other damages.
You will likely win your case and claim your settlement if you have sufficient proof to justify the driver’s negligence through the mentioned four elements.
You are partly at fault for the accident.
What happens if you are partially at fault for the pedestrian accident? In such instances, comparative negligence will be observed.
Comparative negligence means a victim may still file an accident claim if they are partially responsible for the crash. For instance, suppose you are 20% liable for the accident. In that case, you may receive 80% of the compensation.
Depending on the state, comparative negligence may be defined as:
Pure comparative negligence
A person can recover compensation even if the other party is partly responsible for the damages. For instance, if they were only 20% to blame for an accident, you can still receive compensation for 20% of their losses.
Modified comparative negligence
In some states, a victim can claim restitution if they are less than 50% liable for the car crash. In such circumstances, your compensation value will be reduced depending on how much the other party was responsible for the Camarillo car accident.
California follows pure comparative negligence. That means the Camarillo accident claim will be valid regardless of how much you are to blame for the collision. In the same way, the driver may also file a case against you. It is best to contact a lawyer right after the accident who can help you initiate a claim promptly.
The local government is accountable for the pedestrian crash.
There are instances where neither the driver nor the pedestrian is responsible for the accident. Let’s say the street had a defective walk signal. You crossed the road while a vehicle was approaching, causing it to hit you.
In such instances, you may pursue a case against the local government responsible for maintaining the walk signal. Other road defects that may cause an accident are the following:
- potholes,
- unclear road signs,
- defective road signals,
- missing barriers,
- unannounced road constructions, and others.
How Can I Calculate My Pedestrian Accident Claim Settlement From Car Crash In Camarillo?
Calculating the settlement value may be more complicated and challenging if you are partially at fault for the accident. Before determining the amount, you will need to consider the total damages from the crash and deduct the losses from your responsibility for the Camarillo car accident.
In most severe car accidents in Camarillo, pedestrian victims suffer from emotional distress from the accident. Fortunately, you may add this type of damage to your settlement. However, how will you quantify this type of damage?
In this circumstance, the best option is to hire an experienced pedestrian accident lawyer to help maximize your payout and sort out your Camarillo accident claim. They can:
- Examine the facts of your Camarillo car accident.
- Gather the necessary evidence to support your claim.
- Calculate the total damages.
- Determine and negotiate a fair settlement amount.
- Defend your rights.
If you are involved in a car crash in Camarillo, Jacoby & Meyers has dedicated pedestrian accident attorneys with decades of experience in handling and winning Camarillo car accident claims. We will investigate your situation and weigh the best options for your needs. Contact us at 800-992-2222 for a free consultation. We want to listen to your concerns today!
Other Pedestrian Accident Resources:
- What Happens If You Get Hit By A Car While Jaywalking?
- What Happens if the At-Fault Party Doesn’t Have Insurance?
- Do I Need A Personal Injury Lawyer?
Call or text 888-522-6291 or complete a Free Case Evaluation form
