Jaywalking and Comparative Negligence in Canoga Park Pedestrian Accident Lawsuits

The busy streets of Canoga Park, from the wide corridors of Topanga Canyon Boulevard and Sherman Way to the constant traffic on Canoga Avenue and Roscoe Boulevard, present daily risks for pedestrians. When a person on foot is struck by a vehicle, the injuries are often severe and life-altering. A common and immediate source of fear for victims is the belief that if they were crossing outside of a marked crosswalk—or “jaywalking”—they automatically lose all rights to compensation.

This is a dangerous misconception. While your actions as a pedestrian will be examined, jaywalking does not give a driver a free pass to be negligent. Under California law, you can still have a strong and valuable legal claim even if you were partially at fault for the accident. At Walch Law, our family has spent over 45 years helping injured clients in Canoga Park and throughout Los Angeles understand their rights and secure the justice they deserve. Contact us NOW. 1-844-999-5342

The Key Takeaway: Jaywalking is Not an Automatic Bar to Recovery

The most important thing to understand is that fault can be shared. California follows a legal standard known as “pure comparative negligence.” This means that even if a jury finds you were partially responsible for the accident, you can still recover damages from the at-fault driver. Your total compensation will simply be reduced by your percentage of fault. It is not an all-or-nothing system.

How Comparative Negligence Works in Plain English

Imagine a jury determines that your total damages for medical bills, lost wages, and pain and suffering are $100,000. The jury then considers the actions of both you and the driver.

• Example 1: The jury decides the driver was 80% at fault for speeding and you were 20% at fault for crossing mid-block. You would receive 80% of your damages, or $80,000.
• Example 2: The jury finds the driver was only 40% at fault and you were 60% at fault. You would still receive 40% of your damages, or $40,000.

As you can see, you can recover compensation even if you are found to be more at fault than the driver. The critical task for your attorney is to gather the evidence that minimizes your share of the fault and maximizes the driver’s.

Jaywalking Isn’t the Whole Story: Drivers Have Duties, Too

A pedestrian’s mistake does not erase a driver’s legal responsibility to operate their vehicle safely. All drivers owe a duty of care to everyone on the road, including people on foot. An investigation will focus on whether the driver violated this duty.

Key questions we ask about the driver’s conduct include:

• Were they keeping a proper lookout for pedestrians?
• Were they driving at a safe speed for the conditions, regardless of the posted speed limit?
• Did they have their headlights on at night?
• Were they distracted by their phone, GPS, or something else in the car?
• Were they under the influence of alcohol or drugs (DUI)?
• Did they have a reasonable opportunity to see the pedestrian and avoid the collision?

A driver’s violation of the vehicle code—such as speeding, texting, or failing to yield—can often outweigh a pedestrian’s mistake of crossing outside a crosswalk.

Evidence That Can Shift Fault Toward the Driver

The driver’s insurance company will immediately try to blame you for the accident. Our job is to launch a rapid and thorough investigation to uncover evidence that proves the driver’s negligence.

This critical evidence includes:

• Speed Estimates: We analyze skid marks and download data from the car’s “black box” (Event Data Recorder or EDR) to determine the vehicle’s speed at impact.
• Phone Records: We can subpoena the driver’s cell phone records to check for texting, calling, or data usage around the time of the crash.
• Surveillance and Dashcam Video: We immediately search for footage from nearby businesses, Ring doorbells, and any available dashcams.
• Witness Statements: We track down and interview anyone who saw what happened.
• Lighting and Visibility Analysis: We may hire experts to analyze the lighting conditions and determine how visible you should have been to an attentive driver.
• Police Report and Scene Diagrams: We scrutinize the official report for inaccuracies and use diagrams to reconstruct the incident.

Common Pedestrian Accident Scenarios in Canoga Park

• Mid-block Crossing on Sherman Way at Night: A pedestrian wearing dark clothing crosses mid-block and is hit. The defense will argue the pedestrian is 100% at fault. However, if our investigation shows the driver was speeding and failed to turn on their headlights, a jury might find the driver is still majority at fault for creating a danger that an attentive driver would have avoided.
• Left-Turn on Topanga Canyon Boulevard: A driver making a left turn is focused on oncoming traffic and fails to see a pedestrian who has the “Walk” signal in the crosswalk. In this scenario, the driver is almost always found to be the primary or sole cause of the accident.
• Bus Stop Near Roscoe Boulevard: A pedestrian gets off a bus and crosses in front of it, their view blocked. A car speeds past the bus and strikes them. While the pedestrian has some fault, we would also investigate the driver’s excessive speed and whether the bus stop’s location created a known dangerous condition.

Steps to Take Immediately After a Pedestrian Accident

1. Get Medical Care: Your health is the number one priority. Call 911 and go to the hospital.
2. Get a Report Number: Make sure a report is filed with the Los Angeles Police Department (LAPD) and get the report number.
3. Take Photos: If you can, photograph the scene, the vehicle, your injuries, and any relevant traffic signals or signs.
4. Preserve Your Clothing: Do not wash or throw away the clothes and shoes you were wearing. They can be important evidence.
5. Get Witness Information: Get the names and phone numbers of anyone who saw the crash.
6. Avoid Recorded Statements: Do not speak to any insurance adjusters. They are trained to get you to admit fault.
7. Call the Best Canoga Park Pedestrian Accident Lawyer Immediately: Evidence like video footage and vehicle data can be lost or erased within days. An experienced pedestrian knockdown accident attorney needs to act fast to preserve it.

Claims Against Public Entities for Dangerous Roads

Sometimes, a dangerous road condition in Canoga Park is a contributing cause of the accident. This can include poor lighting, faded crosswalk markings, malfunctioning signals, or overgrown trees that block sight lines. In these cases, you may have a claim against a government entity like the City of Los Angeles. These claims have a very short 6-month deadline. It is vital to contact an attorney right away if you suspect a dangerous public condition played a role.

Damages You Can Recover in a Pedestrian Accident Claim

A successful claim can provide compensation for all of your losses, including:

• All medical bills (ER, hospital, surgery, rehab)
• Compensation for Traumatic Brain Injuries (TBI), fractures, and other serious injuries
• Plastic surgery for scarring
• Lost wages and future loss of earning capacity
• Cost of household help
• Physical pain and emotional suffering
• In the tragic event of a death, wrongful death damages for the family

Frequently Asked Questions

1. Can I recover money if I was jaywalking?
Yes. Under California’s comparative negligence rule, you can still recover damages even if you were partially at fault.

2. What if the police report blames me for the accident?
The police report is just one piece of evidence and is often based on incomplete information. Your attorney can challenge the officer’s conclusion and build a case that proves the driver was at fault.

3. What if I was wearing dark clothes at night?
This is a factor that will be considered, but it does not excuse a driver from their duty to keep a proper lookout and drive at a safe speed.

4. What if it was a hit-and-run?
You can file a claim through your own auto insurance policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage applies even when you are a pedestrian.

5. How long do I have to file a lawsuit?
Generally, you have two years from the date of the accident. However, the deadline is only six months for claims against a government entity, so you must act fast.

6. Will I have to testify in court?
Probably not. The vast majority of personal injury cases are settled out of court through negotiations.

Get Local, Experienced Legal Help Today

After a serious pedestrian accident in Canoga Park, you need a legal team with local knowledge and a proven track record. The family at Walch Law knows how to fight back against insurance company tactics that blame the victim. We move fast to secure video footage and critical vehicle data before it’s gone.

Contact us today for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we win your case. 1-844-999-5342