San Diego injury attorney Mark Blane summarizes the "apportionment of fault" rule when it comes to jaywalking accidents due to a jaywalk and distracted or negligent motorist. It is not always 100% blame against the jaywalker. Remember, California law allows a pedestrian to disobey traffic conditions if it was reasonable to prevent injury or harm, and just because a jaywalker gets hit by a motorist does not mean the motorist was not partly to blame. All facts need to be reviewed thorougly by a good injury lawyer with experience in these types of claims.
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