Walking can be an enjoyable hobby, an excellent source of exercise, and, as always, is the simplest and most cost-effective method of transportation. Unfortunately, there are over 100,000 pedestrian fatalities in California each year. While this growing number is due to multiple factors and circumstances, the law typically favors the injured pedestrian when it comes to personal injury lawsuits. But can a pedestrian ever be liable for a car accident injury? If so, how does that impact a personal injury lawsuit?
Determining Liability in California
Pedestrian accidents are often devastating incidents that frequently result in severe injuries and fatalities. Personal injury laws in California allow victims or their families to pursue damages and hold the negligent parties legally responsible for any injuries and losses. However, determining negligence isn’t always straightforward, and pedestrians can be found culpable of causing or contributing to an accident.
A pedestrian may be liable for an accident under the following circumstances:
- The pedestrian was crossing a freeway
- The pedestrian tried to cross a busy street outside of a crosswalk
- The pedestrian disobeyed walk signals
- The pedestrian darted in front of the vehicle
Essentially, pedestrians and drivers are equally obligated to follow the rules of the road and avoid unreasonable risks by exercising due care and caution. For this reason, a claimant needs to retain experienced legal representation if their own negligence may have contributed to an accident.
California has a comparative negligence rule that determines compensation based on liability. This means that a claimant may find their awarded damages reduced by 50% if they are found 50% responsible for the accident.
Seek Legal Representation
If you’ve been injured in a car accident, contact the Northern California car accident attorneys at the Law Offices of Larry S. Buckley. We have the experience and resources to thoroughly investigate your accident and help you maximize your claim by proving the driver’s negligence.
Call the Law Offices of Larry S. Buckleyat (530) 413-0245 to schedule a free consultation.