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When someone is hit by a car while crossing the street, it can be confusing to figure out who is really at fault. This can be especially complicated if the person was jaywalking—which usually means crossing outside the crosswalk or in a place not allowed by law. In Fresno, as in the rest of California, both the pedestrian and the driver have legal duties to help keep each other safe.
Below, a Fresno pedestrian accident attorney will explain how fault is decided in jaywalking accidents, what the law says about crossing streets, and what happens if you or someone you love gets hurt.
Jaywalking is when a pedestrian crosses the street outside of a marked or unmarked crosswalk or in a place that is specifically banned. Under California Vehicle Code § 21955, it is illegal to cross the road between two intersections that both have traffic lights unless you are in a crosswalk. If you do so, you might be breaking the law.
However, not every place without a crosswalk bans pedestrians. In some cases, you can still cross but must yield to cars. That is because drivers usually do not expect someone to pop out in the middle of the block.
Yes, it can—at least partly. The law says if you choose to cross at a spot you shouldn’t, you could be found negligent for putting yourself in harm’s way. For example, in People v. Anderson, 50 Cal. 4th 19, a police officer determined that a collision happened mostly because the victim was jaywalking. In Wechlo v. Winyard, 33 Cal. App. 3d 990, the court said the injured pedestrian had contributed to the accident by crossing illegally.
But it is not always that simple. Even if you did something wrong by crossing in a dangerous area, the driver might also share fault if they were speeding, texting, or ignoring traffic signals.
Drivers must always keep a lookout for pedestrians—even those who might be jaywalking. California law says all drivers should exercise “due care” to avoid hitting people walking on or near the road. If a driver sees or should have seen a pedestrian in the street, they must act reasonably—like slowing down or stopping—to avoid a collision.
In Wechlo v. Winyard, the court found the driver might still be responsible because he had the “last clear chance” to stop. This means even though the pedestrian was at fault for crossing, the driver had enough time to avoid the crash but did not do so.
Last clear chance is a legal idea saying: If one person can avoid the accident at the last moment but does not, they can be fully (or partly) at fault. So if you are jaywalking but you are stuck or cannot get out of the way, and the driver has time to stop but does not, the driver might be responsible for some or all of the damages.
But if the driver has no chance to avoid the collision (like you run out suddenly into the road), then the driver might not share fault. It depends heavily on timing and visibility.
California uses a system called pure comparative negligence. This means that if both the pedestrian and the driver were partly at fault, the court can split the blame by percentages. For example, if the pedestrian is 60% at fault and the driver is 40% at fault, the pedestrian can still get 40% of the total damages. However, sometimes, the pedestrian’s share might be large enough that they get little or nothing, depending on the exact numbers.
In Hill v. County of Fresno, 140 Cal. App. 272, the court talked about the idea of contributory negligence. If a pedestrian’s own negligence caused the accident, they might not recover (in older law). However, California’s modern comparative negligence rule still reduces the pedestrian’s award by their share of fault.
Yes, in rare situations. If the pedestrian’s conduct was extremely dangerous or was the main reason the accident happened, the court might decide they cannot recover any damages. For example, if the pedestrian darted in front of a moving car at night when the driver had no time to react, the pedestrian’s fault could be 100%.
No. Even if you jaywalk, the driver may still share or hold all responsibility if:
We see cases where the pedestrian is technically jaywalking, but the driver was driving recklessly or texting. In such situations, both might share the blame—or the driver might get most of the blame.
If the pedestrian decides to file a lawsuit against the driver, or vice versa, a lot of evidence will be looked at:
The court or jury will piece together these facts to decide who was negligent and by how much.
Accidents can lead to painful injuries, medical bills, and confusion about the law. If you or someone close to you was involved in a jaywalking accident, a Fresno car accident lawyer can help.
At BANA LAW, PC, we can:
We can help whether you are the pedestrian or driver who got hurt in a crash involving jaywalking. Because California’s laws can be complex, having professional guidance can make a major difference in how much compensation you receive (or must pay).
If you have been hurt in a Fresno jaywalking accident—whether as a pedestrian or a driver—you do not have to handle it alone. BANA LAW, PC is here to help you make sense of the legal process, figure out who might be at fault, and fight for a fair outcome.
We proudly serve all of California and Hablamos Español. Contact us online or by calling 855-997-6599 for a FREE CONSULTATION. There are NO FEES UNLESS WE WIN, and we are committed to helping you recover from this ordeal. Injuries unravel your life—we piece it back together. Let us stand by your side today.