Who Is Liable For Damages in Pedestrian Accidents in California?

It is no secret that many cities are built with cars in mind, making it increasingly difficult for pedestrians to navigate their cities. Unfortunately, these pedestrian accidents are common in urban areas due to the dependence on vehicles to travel from place to place. If you are involved in an accident while walking, understanding who can be held liable for the injuries sustained is critical to recovering the compensation you deserve. The following blog explores what you must know about liability and how Irvine pedestrian accident lawyers can advocate for you during these difficult times.

Who Can Face Liability in Pedestrian Accidents?

In most instances, the driver will face liability for injuries inflicted on a pedestrian. Most pedestrian accidents are the result of driver negligence. Vehicles must yield to pedestrians in crosswalks, but many fail to do so. This is often the result of distracted driving, like texting, looking for something in the vehicle, or daydreaming. It is also important to note that pedestrians have the right of way in crosswalks at intersections to the left or right of drivers with a green light. Essentially, this means a driver cannot turn until the pedestrian has crossed the street.

However, there are some instances in which pedestrian negligence can impact the ability to recover a claim. For example, if you are texting while walking or crossing anywhere other than an unmarked intersection, you may be held partially liable for the injuries you have sustained. Fortunately, California is a pure comparative negligence state, which means you can recover damages in accordance with your percentage of fault in an accident. This means if you are found 10% at fault for the accident, you may recover 90% of the compensation you are awarded.

What Should I Do if Struck By a Vehicle While Walking?

Pedestrian accidents can be devastating for victims, as they do not have the protection of being in a vehicle. This means their body will take the full force of the impact. As such, the injuries can be life-threatening, so knowing how to respond is critical.

The most important thing to do is contact the police and request emergency medical services. Doing so ensures an accident report is filed and you receive the medical care you need for the injuries you sustained. Both of these steps are imperative if you wish to pursue compensation from the negligent driver.

You should also speak to witnesses who saw the accident, as they can help corroborate your story to hold the driver responsible. Additionally, if there is any security footage from local businesses or residences, you may want to ask for copies, as this can help illustrate what happened.

However, the most essential thing you must do is to contact an experienced personal injury attorney. At California Personal Injury Law Firm, APC, we know how devastating these accidents can be. Contact our firm today to discuss the details of your case with a member of our staff.