Accidents involving pedestrians can be catastrophic for the people involved in the accident and their loved ones. Often, accidents could be avoided if the driver practiced more caution and adhered to the rules of the road. When an accident with a pedestrian occurs, some elements must be considered to determine who is at fault.
Responsibility of the Driver
Drivers are responsible for practicing reasonable care when behind the wheel. This includes taking care to avoid driving into pedestrians. To properly do this, drivers must obey traffic rules, keep an eye out for pedestrians and take care not to hit them.
When a driver notices a pedestrian crossing the street at the crosswalk, they must slow down or even stop to ensure the pedestrian is able to cross the road safely. If the driver neglects to exercise reasonable care and runs into the person on foot, they could be considered liable for the accident. This happens most often when the driver is speeding, drinking and driving, or using drugs, texting while driving, or is otherwise distracted.
Responsibility of the Pedestrian
Pedestrians also shoulder some of the responsibility for their safety. They must exercise reasonable care to avoid an accident. Pedestrians are required to follow traffic laws, to cross at the appropriate place, and pay attention to their surroundings while walking on or near a road.
Pedestrians who neglect to exercise reasonable care and are hit by an automobile could be found partially or totally responsible for the accident. For instance, if someone who was walking decides to cross the street where there was no designated crosswalk, and they are run over, they may be found partially at fault for the accident.
Another instance might be if a pedestrian was distracted by the map on their phone and failed to notice a car coming before stepping in front of it. They might be found partially liable if they were hit by the car.
Comparative Negligence in a California Pedestrian Accident
If the driver and the walker are partially at fault for the accident, this is considered comparative negligence. This means that each party is responsible for the damage they caused. So, if a pedestrian is found to be responsible for 15% of the accident, the driver will be responsible for paying them 85% of the compensation they are entitled to.
Your pedestrian accident lawyer can shed light on how the percentage of fault for an accident is determined. Reach out to an experienced attorney for guidance on how to approach a pedestrian accident.
Pedestrian Accidents Can Be Complicated
Determining who is at fault when a pedestrian accident occurs is often a complex matter. It is critical that all aspects of the accident are considered when determining blame. It is important to have a pedestrian accident attorney to help you navigate the complicated legal process that comes with pursuing compensation after such an accident.
The experienced lawyers at Callahan & Blaine are skilled negotiators but are ready and willing to go to trial if negotiations fail to produce satisfactory results for our clients. Reach out today for a free consultation. We will work tirelessly to help you achieve the goals you have for your lawsuit so that you receive the compensation to which you are entitled.
