Did you know there was a new J Walking Law in 2023? Yes, now under certain circumstances, Jaywalking is legal not only in the Coachella Valley, but throughout California, because they relaxed Jaywalking laws. Under the new “Freedom to Walk Act”, pedestrians will no longer be ticketed for jaywalking… unless they are crossing in a dangerous manner. This means that pedestrians will be able to cross the street outside of a crosswalk, as long as they do so safely.
The law was passed in response to concerns that the old law was too harsh, and disproportionately affected people of color. Studies have shown that Black and Hispanic pedestrians are more likely to be ticketed for Jaywalking than white pedestrians, even when they are crossing the street in the same way. I won’t comment on my thoughts on this reasoning, but I did want to inform my CV Weekly readers of this major, and unexpected, change in the law. Who knows, maybe border issues can be addressed next.
It will now be easier for pedestrians to get around, especially in urban areas where there are often few crosswalks. However, it is important to note that pedestrians still have a responsibility to cross the street safely. They should always look both ways before crossing, and they should yield to oncoming traffic.
If you cross safely and get hit by a car, you need a local experienced lawyer. I recently had a client who was hit by an uninsured car on El Paseo. They initially talked to another lawyer who rejected the case…that I now accepted.
Why did I accept the case when another local accident lawyer rejected it? It was because I asked one more question, “do you have auto insurance with Uninsured Motorist (UM) coverage? Even though they were not in their car, their UM would cover and protect them…without their insurance going up.
It was a non-chargeable accident because they were not at fault. The client was concerned about going and getting medical treatment, and not having a way to pay for the meds, until I assured them their auto coverage would pay, as if it were the insurance for the uninsured vehicle.
Like an auto v auto accident, the victim should seek a medical evaluation asap. An ambulance validates the injuries severity, and provides the information lawyers need to get you a maximum recovery. Victims are naturally concerned about spending money on the ambulance, ER or hospital. They don’t realize they will get it back in SPADES when the case settles.
Talking to a defense lawyer, or adjuster, puts their accident lawyer at a disadvantage, as it provides INFORMATION to the defense. A client does not always remember what they told the adjuster, and it is not just what the victim said, but what the adjuster/attorney THOUGHT s/he heard them say.”
I advise all PI clients to take down social media, as it is the latest trick used by the insurance company and the DA in DUI’s. They will Google an accident victim and check Facebook etc, to gather information on you. They may also contact your Facebook friends to get negative information.
For instance, IF you post you were just in an accident, and were late for golf or tennis, it arguably suggests you were not hurt that badly. If while treating, you post about playing a sport, going dancing, or on a ski vacation, this suggest to the insurance company who would argue to the jurors, that you were ok and faking your injuries. Obviously, one can be injured and still play tennis or golf, but with some pain.
The bottom line, “if you don’t see a doctor asap, and regularly, the delay reduces the case value. that may be financially worthwhile for an attorney. In other words, the insurance company will argue if you were really injured you would have found a way to get medical care, and some lawyers would question continued representation.”
Insurance companies believe most claims are false. They ponder whether you slipped and fell while running around the pool, or fell in your shower and then thought, “I will say it was from my recent accident.” The bottom line is that adjusters are paid to downplay the severity of the accident and the amount to be paid to you.
Sooo, protect yourself and retain an experienced LOCAL PI/ACCIDENT lawyer!
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Dale Gribow is a local distinguished “Boutique Concierge” PI/DUI firm, with over 25 “TOP LAWYER” AWARDS; 4 “Dale Gribow Days”; 8 “Man of the Year” Awards” (City of Palm Desert, City of Hope and California Senate)…and awarded “Mr. Charity.” He limits the caseload allowing calls to be answered and returned, the “OLD FASHIONED” way…by Dale, not an assistant.
Future columns ideas, contact Dale Gribow 760 837-7500/ dale@dalegribowlaw.com.
