Finding Liability In A Pedestrian Accident in California

Of all types of traffic accidents, pedestrian accidents cause some of the most severe injuries. When a pedestrian accident occurs, pedestrians are often vulnerable to severe injuries like bone fractures, spinal cord injuries, and traumatic brain injuries. Most pedestrian accidents involve pedestrians being hit by motor vehicles. It can be challenging to determine the party at fault in a pedestrian accident. Even if vehicle drivers are often at fault, pedestrians can also contribute to pedestrian accidents. Determining liability requires an in-depth case evaluation. This is where the Los Angeles Personal Injury Attorney comes in. We will evaluate your case and help you determine the liable party.

Pedestrian Accidents In California

California ranks among the most dangerous places for pedestrians. Hundreds of people die annually in pedestrian accidents, and the ever-increasing number of pedestrian deaths indicates that pedestrian accidents are a significant concern. California is dangerous for pedestrians, especially at night. Hit and run accidents are common, especially in Los Angeles, where vehicles hit pedestrians and leave the accident scene. If you or your loved one suffers injuries in a pedestrian accident, you are entitled to compensation.

Whenever pedestrian accidents come up, many people automatically assume that vehicle drivers are at fault. Many believe this because a pedestrian is no match to the impact of an oncoming vehicle. However, it would be inaccurate to assume that a pedestrian always has the right of way. When it comes to pedestrian accidents, the pedestrian can be at fault, either partially or wholly. Just because pedestrians are careful does not mean that they will be exempt from liability if they are involved in an accident with a vehicle.

Drivers’ And Pedestrians’ Responsibility

Drivers and pedestrians have a responsibility to each other. In California, drivers and pedestrians must abide by specific laws to prevent accidents and injuries. When both drivers and pedestrians abide by traffic rules and are aware of their surroundings, the chances of being involved in an accident are significantly reduced.

The law requires vehicle drivers to yield a right of way to pedestrians when entering a driveway, alley, or crosswalk. A driver must also yield if a pedestrian has started crossing at an intersection with a green light or a walk signal. Pedestrians also have the right of way whenever they are crossing a highway at a marked crosswalk. When pedestrians are crossing at an intersection where control signals or traffic lights are not present, they have the right of way. It is illegal for a driver to overtake or pass another car yielding a right of way to pedestrians to cross an intersection or a crosswalk.

On the other hand, California law requires pedestrians to yield right of way to drivers when crossing a roadway without an intersection or a crosswalk. Pedestrians should also yield a right of way to drivers on roadways that do not have a green light or a walk signal. Pedestrians can walk on roads even when there are no sidewalks. However, they must ensure that whenever possible, they walk on the left side. Pedestrians should also ensure that they move to the outer perimeter to keep a safe distance from vehicles. It is illegal for a pedestrian to abruptly stop in the path of an oncoming vehicle when the car does not have ample time to yield a right of way to the pedestrian.

What To Consider When Proving Fault In A Pedestrian Accident

When it comes to proving fault in a pedestrian accident, several factors must be considered. You should not assume that you are automatically entitled to compensation without proving liability because you are the pedestrian. Many questions will arise when proving liability. You must consider whether the vehicle driver is 100% at fault or partially at fault. It is also essential to consider the specific factor that caused the pedestrian accident. Some of the most common causes of pedestrian accidents in California are:

• Driving under the influence of drugs or alcohol
• Over speeding
• Distracted driving
• Running a stop sign or the red light
• Road conditions
• Turning left without ensuring that the road is clear of pedestrians
• Weather conditions
• Walking on the road
• Walking on the crosswalk when a pedestrian is not supposed to do so

A lawyer will have to consider all these factors to determine who is at fault in a pedestrian accident. Your attorney will conduct a thorough investigation, including seeking the opinion of an accident reconstruction expert. Your attorney will also consider reports from witnesses, doctors, police, and more. The driver is often liable because they often engage in reckless driving, distracted driving, or driving under the influence. The law requires all pedestrians to obey traffic laws and avoid walking in prohibited areas like highways. At times, a pedestrian accident may not be the fault of a driver or a pedestrian. A pedestrian accident may have other  causes like:

• Bad road conditions
• Poor weather conditions
• Poorly maintained roadways
• Defective vehicle parts

In some instances, both the driver and the pedestrian may be liable. For example, a pedestrian might have been jaywalking when a driver operating the phone and driving hits them. In this case, both the driver and the pedestrian can be held partially liable, often known as comparative negligence. In pure comparative negligence, a pedestrian can still seek partial compensation even if they are partly to blame for an accident.

Situations where the driver will be liable for hitting a pedestrian, include running the red light, failing to stop at a crosswalk, speeding through an intersection, and turning right when a pedestrian is crossing. Situations where a pedestrian will be at fault for an accident include when a pedestrian fails to notice the approaching vehicles before a crossing runs into the street into oncoming cars or engages in jaywalking. If a vehicle driver does not have ample time to take action to avoid hitting a pedestrian and ends up crashing into a bystander, another vehicle, or a fixed object, a pedestrian may be liable for any damage that occurs.

When A Pedestrian Has A Right To Seek Compensation

California is a comparative negligence state. Therefore, even if a pedestrian is partially liable for an accident, they can file a claim to seek compensation. However, if a pedestrian is more liable than the driver, they might not be able to seek compensation to help them cover their losses and injuries. A personal injury attorney will review your situation to determine if you share some blame for the accident. Even if you are partly to blame for the accident, an attorney will do everything in their power to ensure that you are not assigned more blame than is applicable.

How To Successfully Determine Fault

You will need to hire an experienced personal injury attorney for you to determine fault in a pedestrian accident successfully. An attorney will fight for justice and compensation on your behalf. You do not have to pay out of pocket for injuries sustained in a pedestrian accident due to another person's negligence. You should never have to deal with the consequences of a pedestrian accident alone. Victims and their families need to have experienced attorneys by their side to help them seek the compensation they deserve for their injuries.

Other Liable Parties In A Pedestrian Accident

Other than a driver and a pedestrian, other parties may be liable in a pedestrian accident. For example, if a driver is on duty at a company when a pedestrian accident occurs, the driver’s employer may be to blame for the accident. The employer could be vicariously liable for their employee’s (driver) liability. Holding the driver's employer responsible for a pedestrian accident could result in better compensation.

If a pedestrian accident occurs, the government may be liable due to factors like a poorly designed intersection or road defects. If a pedestrian accident occurs on public property, the victims can hold the government liable. On the other hand, if an accident occurs on private property, the property owner may be responsible.

Other Causes of Pedestrian Knockdowns In California

Pedestrians could be knocked down due to the following factors in addition to vehicles that do not yield a right of way to pedestrians:

• Bikes on the sidewalks
• Uncontrolled dogs
• Cars driving on the sidewalk
• Trip hazards
• Other pedestrians

You have a personal injury claim if you sustain injuries due to another person's negligence. You should talk to your injury lawyer even if you are unsure who is to blame for your injuries. Your attorney will help you figure out the liable parties.

Recovering Injuries After Being Knocked Down By A Car

When a car hits you on the crosswalk, parking lot, or on the highway, you could be able to seek compensation by filing a personal injury lawsuit. You will have to prove that the driver was negligent for you to be able to recover damages. You must prove that:

• The vehicle driver owed you a duty of care.
• The driver failed to exercise their duty of care by acting negligently
• The driver’s negligence contributed significantly to your injuries

A vehicle driver owes a duty of care to all road users, including other drivers, pedestrians, and cyclists. Driver's negligence can be demonstrated through reckless actions, distracted driving, and violation of traffic laws. According to California vehicle code 21960, a driver must yield right of way to a pedestrian at an intersection or any marked crosswalk.

According to California VC 21709, it is unlawful for a motorist to drive in safety areas. Safety areas refer to areas that are set aside for pedestrians, free from vehicle traffic. If a driver violates VC 21709 and strikes a pedestrian, it is almost apparent that the driver will be liable for the damages the pedestrian sustains. A driver may still be responsible for a pedestrian’s injury even if a pedestrian is not struck on a crosswalk or safety area.

When a vehicle driver knocks you down, you should speak to your personal injury attorney before you speak to the driver's insurance company. If you contact the driver's insurance company first, the company will try to settle your claim for a smaller amount than you deserve. Your injury attorney understands all the tactics that insurance companies typically use to deny victims their rightful compensation. Your attorney will handle the insurance company on your behalf to ensure that you are not taken advantage of.

When Bikers Hit A Pedestrian On The Sidewalk

Bicycles on the sidewalk may be a hazard to pedestrians. In some parts of California, biking on the sidewalk is perfectly legal, while it is a violation in other parts. A cyclist may be liable for the injuries a pedestrian sustains even if it is legal to bike on the sidewalk. A cyclist will be responsible if it is evident that they were negligent in causing the pedestrian accident. In Los Angeles, biking on the sidewalk is illegal. However, cyclists must ensure that they do not bike with a wanton or willful disregard of human life. The pedestrian may sue a cyclist and recover damages by proving that:

• The cyclist acted negligently and caused the accident. For instance, the cyclist might have been riding too fast when they hit a pedestrian.
• The cyclist was riding with a wanton or willful disregard of human and property safety.

If a cyclist hits you in an area where biking is illegal, they may be automatically liable for your injuries. Violating bicycling on sidewalk laws may translate to negligence per se when a pedestrian accident occurs.

When A Truck or A Bus Moves Too Close To A Sidewalk

Most trucks and buses have side mirrors that extend beyond the vehicle's edge. When a bus pulls at a bus stop, the side mirrors may pose a hazard to pedestrians who may be standing nearby, usually near the edge of a sidewalk. If a bus is moving fast when approaching a bus stop, its side mirrors might end up hitting pedestrians walking nearby, leading to head injuries and other serious harm.

Bus and truck drivers undergo special training on how to handle their vehicles and pay close attention to where the side mirrors extend. If a bus or truck driver is not attentive and ends up striking a pedestrian with a side mirror, a pedestrian can file a lawsuit against them. The pedestrian can also sue the bus or truck driver's employer even if a driver causes the accident. An employer may be vicariously liable for their employee's actions.

What You Should Do After Being Involved In A Pedestrian Accident

After being involved in a pedestrian accident, the action you take will determine your likelihood of getting the compensation you deserve. It is essential first to seek medical assistance if need be. You should also contact or call all or request another person to call on your behalf.

Even if you do not notice any apparent injuries or trauma, you should not assume that you are okay. Instead, you should have all your injuries evaluated by a competent doctor. Due to the rush of adrenaline, you might feel okay immediately after an accident. However, you might be shocked to learn that you can’t even get out of bed the following day. You should not delay before going to a doctor because the spinal cord and brain injuries might worsen if not treated on time. After evaluating you, your doctor will write a medical report outlining the extent of your injuries. This report will come in handy as you seek compensation.

 It is also advisable to ensure that you gather as much information as possible after a pedestrian accident. Some of the information that you should gather include:

• Names and contact information of all people involved in the accident
• Contact information of any witnesses
• If the accident involves being hit by a vehicle, you should note down the driver's name, insurance information, driver's license information, and the vehicle's license plate.

If you have a mobile device or a phone, it is advisable to take photos of the accident scene. You may also want to take pictures of the injuries you sustain.

Do Not Admit Fault

Even if you feel partially responsible for a pedestrian accident, you should never apologize or admit fault. The other party may use your apology against you and interpret it as an indication that you are liable for the accident. The jury will determine the issue of who is to blame for an accident. Therefore, you should avoid admitting fault, especially if you are unsure who caused the accident. Ensure that you contact an experienced personal injury attorney immediately after an accident. You should not attempt to deal with the driver's insurance company on your own.

When A Victim Of Pedestrian Accident Dies

In severe pedestrian accidents, a victim may suffer fatal injuries and succumb to the damages. The person who passes away cannot file a personal injury lawsuit. However, the surviving relatives and dependents can file a wrongful death claim to seek compensation. A wrongful death claim allows the surviving family members and defendants to pursue the following damages:

• Burial and funeral expenses
• Financial benefits the victim would have earned if they survived the accident.
• Compensation for lack of support and companionship

Find A Los Angeles Personal Injury Attorney Near Me

If you or your loved one suffers injuries in a pedestrian accident, the effects could be devastating. If you need reliable legal counsel and assistance in seeking compensation, contact Los Angeles Personal Injury Attorney. Call us at 424-231-2013 and speak to one of our attorneys.