Yes. Pedestrian accident victims can file a claim even if they were jaywalking, but it’s possible that their award of damages will be reduced. In California, a personal injury victim’s financial recovery is reduced by his or her own percentage of fault. For example, if you are determined to have been 20% at fault for the accident since you were jaywalking, your settlement or verdict may be reduced by 20%.
Under some circumstances, a pedestrian can be found entirely liable for an accident. Pedestrians in California have a duty not to enter a roadway outside of a marked crosswalk or an unmarked crosswalk at an intersection so near to a vehicle as to cause an immediate danger. If a pedestrian breaches this duty and the driver wasn’t speeding, drunk, or otherwise negligent, the pedestrian might not be entitled to any damages at all. In fact, the pedestrian may be responsible for paying the damages incurred by the driver. In this scenario, the pedestrian might still be able to bring a claim against his or her own no-fault insurance policy (i.e. Personal Injury Protection) if such a policy was purchased.
