California roads are some of the most dangerous places for pedestrians. According to ABC 7 News, a quarter of California's fatalities are pedestrians, a trend that has worsened over the past decade.
Pedestrian accidents are not always cut-and-dry cases where it is easy to place fault on the driver who hit the pedestrian. In a comparative negligence state like California, discussing with your lawyer what it means to understand shared liability in a pedestrian accident is essential. These types of accidents can lead to catastrophic injury as well as wrongful death; it is vital to understand how California laws can affect these cases. This post will discuss what you need to know about shared liability and how the California personal injury attorneys at Bostwick & Peterson LLP can help you with your case.
Comparative Negligence In California
In a pedestrian right-of-way state like California, it is generally assumed that the fault lies entirely with the vehicle's driver when a pedestrian is hit. However, comparative negligence laws allow the defense to attempt to minimize the driver's liability if the pedestrian was not demonstrating an appropriate duty of care to themself.
According to Nolo, with pure comparative negligence, liability is split according to the percentage of fault. So, if the pedestrian is deemed 30 percent responsible, the driver is said to be 70 percent responsible, and the pedestrian's damages total $100,000, the pedestrian can collect $70,000 from the driver.
Shared Liability In A Pedestrian Accident
With California being a comparative negligence state, the possibility that the pedestrian and the driver can share responsibility for an accident significantly impacts compensation in their case. A pedestrian may share liability with the driver in a pedestrian-involved accident if they were crossing under these conditions:
- Jaywalking or crossing outside of crosswalks.
- Ignoring traffic signals.
- Walking under the influence.
A driver may share liability with the pedestrian if they were driving under these conditions:
- Speeding or reckless driving.
- Failing to yield at crosswalks.
- Distracted driving (e.g., using a phone).
Given the complexity of these laws, it's crucial to work with a personal injury attorney to discuss the details of your case. This system of laws encourages pedestrians and drivers to exercise caution and adhere to California traffic laws to minimize the risk of accidents and ensure fair outcomes. It's important to understand that comparative negligence is a key factor in determining liability and compensation in a pedestrian accident.
Contact Our California Personal Injury Attorneys
Pedestrian accidents can be complex, especially in a comparative negligence state like California, where fault can be shared between the pedestrian and the driver. The results of these accidents can be severe, leading to catastrophic injury and, in the worst-case scenario, wrongful death. Understanding the intricacies of shared liability is crucial for ensuring fair compensation to the victims and their families.
At Bostwick & Peterson LLP, our San Francisco personal injury attorneys are dedicated to guiding you through the legal process, advocating for your rights, and securing the compensation you deserve. With decades of experience and many record-setting case results, our team is prepared to fight on your behalf.
If you or a loved one has been involved in a pedestrian accident, don't navigate the complexities alone. Contact Bostwick & Peterson to discuss your case and learn how we can help you achieve the best outcome possible for you or your loved one.