Drivers are required to be extra cautious when a pedestrian is present or is likely to be present. But pedestrians are not faultless in all situations. In fact, a pedestrian might even be liable for a driver’s damages after a car-pedestrian accident, depending on the circumstances. This article discusses the law regarding liability when it comes to auto versus pedestrian accidents.
Fault under California law can be complicated. In general, drivers have a duty to use reasonable care to prevent harm to others. If a driver breach’s this duty of care, and it causes someone’s injury or death, the victims have a right to pursue a cause of action for “Negligence”. Negligence is usually some form of careless or reckless behavior. To receive compensation for negligence under California law, the following must be shown:
Negligence per se is the legal doctrine that uses laws or regulations to establish someone’s negligence. Because negligence can make someone liable for an accident, showing that a rule or regulation was broken can be strong evidence of liability. It is a shortcut in finding fault for an accident. Using negligence per se means you do not have to look for signs of negligence in the specific details of the accident.
In the context of pedestrian accidents, violations of California’s pedestrian or crosswalk laws can be used to establish negligence per se. If someone violated a traffic law, they are often held liable for the crash caused by the violation.
According to the California Vehicle Code, below are several laws affecting both drivers and pedestrians. Among other considerations, a pedestrian accident lawyer will consider the following laws when determining who is at fault:
There are also several state laws in California that allow cities and municipalities to create their own rules.
Not all accidents have one completely guilty party and one completely innocent party, and that includes auto-pedestrian accidents. If both parties are attributed fault, comparative negligence laws apply under California law. This means that if you contributed to the accident, the amount of damages you can recover will be reduced by the percentage you were at fault.
Example: A jury may say that a plaintiff pedestrian who was jaywalking was 60% responsible, and the speeding driver that hit the pedestrian was 40% liable. Under these circumstances, the defendant driver would be required to pay the plaintiff pedestrian for 40% of the pedestrian’s losses associated with the accident.
Attorneys at Fair Cases will work with you to reconstruct the accident scene to show that the defendant both caused the accident and was at fault in doing so. Insurance companies and defendants will try to shift blame onto an injured pedestrian in the hopes of discouraging the victim from bringing the case or to get them to accept a small settlement. Oftentimes, these parties will argue that the plaintiff was at fault in causing the accident for any number of reasons: jaywalking, failing to notice oncoming traffic, alcohol intoxication, and so on. Such considerations may play a part in determining the plaintiff’s recovery, but, in many cases, the injured victim is nonetheless entitled to recovery for his or her injuries, and an experienced personal injury attorney will work to put your best case forward and make sure insurance companies and defendants do not intimidate you into accepting less than you deserve.
Our legal team has successfully helped victims and their families recover from Rear-End Collisions, Head-on Collisions, T-Bone Collisions, Motorcycle Accidents, Semi-Truck and 18-Wheeler Accidents, Uber/Lyft Accidents, Public Transportation Accidents, and Pedestrian Accidents. We know that being injured in an auto accident is an overwhelming experience, so we offer you compassion, knowledge and help to get you get back on your feet. Our dedicated attorneys will make sure you get the medical care you need and fight to obtain just compensation for lost wages, past and future medical expenses, property damage, pain and suffering and other expenses and losses.
At Fair Cases, our car accident lawyers are here to help victims and their families recover fair compensation after a car accident. Because these injuries are often catastrophic and life changing, victims and their families need to be represented by a skilled car accident lawyer who will fight to get them the full compensation they deserve. If we do not win, Fair Cases Guarantees that you owe us nothing. Contact Fair Cases today for a free consultation.
Time is Critical: Personal injury laws in California give Pedestrian Accident victims just a Limited Amount of Time to negotiate a fair insurance settlement!
You are very important to us, all information received will always remain confidential. A member of our team will contact you shortly.