Skip to main content

Pedestrian Liability in a Car Accident.

 Automobile accidents are devastating. In the case of fatal road accidents, there are elevated chances of sustaining permanent physical injuries and even psychological trauma. According to the Annual United States Road Crash Statistics more than 38,000 people die due to auto-mobile accident-related incidents and another 5 Million people suffer from non-fatal injuries requiring non-fatal injuries. Vulnerable road users such as pedestrians and cyclists are more at risk of sustaining long-term injuries and in worst-case scenarios even death. Statistics show that over half of these fatal accidents are caused due to negligence on the driver’s part.

The state of California observes the highest number of fatal pedestrian accidents in the country, in fact, it also suffers from the highest rate of pedestrian fatality. However, it is a common misconception that the driver is always at-fault in a pedestrian accident. This misconception comes from the common phrase that the pedestrian always has the right-of-way.

Personal Injury experienced during a pedestrian accident is liable to compensation. Determining who is at fault in a pedestrian accident is crucial to pursuing a claim against the insurance company.

A pedestrian who is hit while crossing the street outside the designated cross-walk is always at fault, as jaywalking is prohibited in California. However, the pedestrian being at fault doesn’t mean that the driver didn’t contribute to the accident. Both sides are required to respect the safety of each other. If the pedestrian involved in an accident violates a statute such as jaywalking or not giving right-of-way to oncoming traffic. The driver can use that violation as Negligence per se for Comparative Negligence in a personal injury suit.

Comparative Negligence.

If both the driver and the pedestrian share a certain responsibility for causing an accident, the Californian state follows the Comparative Negligence rule instead of the Contributory Negligence.

In the Californian interpretation of the Comparative Negligence rule, the injuries sustained by the victim are entitled to compensation, but the compensation available will be reduced by the percentage equal to their share of responsibility involved in the accident.

For eg: A pedestrian enters an unmarked crossroad, while actively listening to music on their own and failing to see the speeding vehicle coming their way. The driver then hits the pedestrian causing injury. The pedestrian has the right to sue the driver, however, due to the negligence on their part a jury may determine that the pedestrian is 20 percent at-fault. Hence, the pedestrian’s total damages would be reduced by 20 percent.

Navigating a Pedestrian Accident Claim

If you or your loved one is involved, your first course of action should be to get proper medical care. After acquiring medical care, if you can, try collecting the following information:

  • Police Report
  • The driver’s license number, car’s license plate number and insurance information.
  • The name and contact information of all the people involved in the accident.
  • Contact information of the witnesses.
  • Contact your insurance

It is extremely important to find a good personal injury lawyer to assist you through the complexities of a Pedestrian Accident Claim.

Contact an Experienced Personal Injury Attorney Los Angeles California

Contact Garcia & Phan Personal Injury Lawyers. We understand California accident laws and the complexities of Pedestrian Accidents.

Call (714)-586-8298 for a no-cost evaluation

Comments

Post a Comment

Popular posts from this blog

Decoding Dog Bite Laws Know How A Dog Bite Injury Attorney Can Help You With A Personal Injury Case.

  It’s crucial to comprehend California’s laws regarding  dog bite  liability and animal attack injury cases, regardless of whether you own a dog there or you were hurt by someone else’s dog. Regrettably, there is a spectrum of severity when it comes to dog bites; some might be small, while others can leave a large wound that needs immediate medical treatment. The following are a few of the most typical dog bite injuries: Wounds from punctures Infections Fractures of the bones Injury to soft tissues Internal hemorrhage Being a team of responsible attorneys at Garcia & Phan Southern will provide answers to all of your questions regarding dog bite lawsuits, such as how the “strict liability” dog bite statute in the state operates, when victims must file their claims, and how a dog bite injury attorney can support you in your California dog bite personal injury case. Let’s start with strict liability, which is essentially a law about dog bites. What’s specifically mentio...
Post a Comment
Read more

Things You Should Know About Burn Injury Through A Personal Injury Attorney.

  In California,  burn injuries  may give rise to Personal Injury Protection (PIP) claims in several situations, including auto accidents, workplace mishaps, occurrences involving defective products, and premises liability lawsuits. Serious outcomes from burn injuries include deformity, long-term pain, and psychological anguish. Although the severity of these outcomes varies, they frequently include persistent mental and physical difficulties that have a substantial impact on the victims. Therefore, to lessen the burden on burn patients, state law permits them to file a burn injury lawsuit to pursue a compensation settlement payout by taking an attorney’s assistance. Also, the American Burn Association has celebrated  National Burn Awareness Week  from February 4-10, 2024 additionally to spread the burn prevention techniques.  For burn damage victims in California seeking justice, our law company guarantees experience in navigating intricate legal proc...
Post a Comment
Read more

What Are California Pedestrian Right Of Way Law

  A pedestrian is an individual who is traveling on foot. Understanding who is considered a pedestrian is crucial; it includes anyone walking, running, or using a conveyance such as a skateboard or a wheelchair, meanwhile those humans who are traveling inside the state via accessing or hiring a motor vehicle, doesn’t matter whether it is two, three or four-wheeler is assumed as not a pedestrian. California’s Pedestrian Right-Of-Way Laws, embedded in the vehicle code (CVC), underscore the importance of yielding to pedestrians, impacting traffic flow and safety. Garcia & Phan Southern California’s personal injury lawyer, guides you through California’s traffic rules and the  Pedestrian Right-Of-Way  Law, ensuring a clear understanding. In cases of violations, we provide expert legal support, leading your lawsuit effectively. California Vehicle Code 21954 (a) CVC and Code 21950: Navigating the Terrain California Vehicle Code 21954 (a) CVC  plays a pivotal role in ro...
Post a Comment
Read more