Liability in pedestrian accident cases hinges on determining who is at fault. In California, both drivers and pedestrians must follow traffic laws. A driver may be at fault if they fail to yield the right of way, run a red light or drive distracted. Conversely, a pedestrian might share the blame if they jaywalk or ignore traffic signals.
Establishing fault requires careful examination of the accident circumstances, witness statements and any available video footage.
Comparative negligence in California
California follows a comparative negligence system. This means that both the driver and the pedestrian can share responsibility for the accident. If a pedestrian is partially at fault, their compensation decreases proportionally. For example, if a pedestrian is 20% at fault, they can still recover 80% of the damages. This system ensures that liability is distributed fairly based on each party’s contribution to the accident.
Gathering evidence for your case
Evidence plays an important role in proving liability in pedestrian accident cases. Important evidence includes police reports, eyewitness testimonies and medical records. Photographs of the accident scene and any visible injuries also help build a strong case. Individuals should collect contact information from witnesses and document everything related to the accident promptly. The quality and quantity of evidence directly impact the outcome of the case.
Compensation for those injured
Those injured in pedestrian accidents can seek compensation for medical expenses, lost wages, pain and suffering and other related costs. Proving liability and the extent of damages are necessary steps in obtaining fair compensation.
Understanding liability in pedestrian accident cases in California can help the injured and their families navigate the legal process more effectively.