Both drivers and pedestrians must exercise extra caution when using the roadways. However, it's a widespread misconception that drivers are always liable for most pedestrian accidents. In actuality, the pedestrian doesn't always have the right of way. Pedestrians, like motorists, must adhere to the regulations of the road. When a pedestrian has been injured in an accident caused primarily by their inability to observe the traffic laws, they could be held partially or fully responsible, and vice versa. Based on the situation, a pedestrian, a driver, or both, could be held accountable for losses following a pedestrian accident. This article covers how any injured party can find liability in pedestrian accidents.
Pedestrian Accidents
Pedestrians are severely injured more often than motorists in pedestrian accidents. It doesn't, however, imply that motorists are solely at fault for pedestrian accidents. Rather, as in most vehicle collisions, a pedestrian who has been injured and is seeking compensation must show that the driver was at fault.
In a pedestrian accident, establishing liability can be a difficult and time-consuming task. It necessitates a proper analysis, which includes looking over photographs and videos of the scene of the accident, police reports, hospital records, conducting interviews, and presumably talking to an accident reconstruction professional.
One or more entities may be held liable. An insurance agent or perhaps a jury will allocate a proportion of blame to each. Each entity could receive compensation as per California's pure comparative negligence laws, although their compensation will be reduced by their proportion of fault.
When a Driver is Liable
Many right-of-way regulations are in place in California, most of which are focused on safeguarding pedestrians and may be used to demonstrate that a driver is at fault in a pedestrian accident. In addition to the regulations, if you have been injured by a driver, you will be required to prove that the motorist was liable for your personal injury action.
What Must be Considered to Prove Driver Negligence
In California, there are mainly two constitutional concepts that could be used to support a pedestrian accident claim: battery and negligence. We will concentrate on negligence since many pedestrian accidents are prompted by negligent driving instead of a purposeful act.
Failing to behave with the same degree of care a sensible person would've employed in comparable situations is defined as negligence. A basic negligence allegation has five components. You must establish the following components by a balance of responsibilities to beat a pedestrian accident claim found on negligence.
Duty
The accused should be legally required to behave in a specific way regarding the wounded pedestrian. A motorist often must act reasonably when driving.
Violation of Duty
The accused should have violated his or her duty to the pedestrian, which means that they did not respond with the necessary standard of care. If a motorist violates traffic regulations and hits a pedestrian, the judge could presume that the motorist has violated a duty which is known as negligence.
Cause-in-Fact
The hurt pedestrian should show that the driver was the one who injured him or her. Since the claimant has to demonstrate that his or her injuries wouldn't have been there if the actions of the defendant had not transpired, it's sometimes referred to as "but-for" cause
Proximate Cause
In a pedestrian accident lawsuit, the motorist can only be held legally responsible for the impacts that were reasonably foreseeable that resulted from his or her acts. Severe injuries are regarded as foreseeable repercussions of reckless driving in the majority of pedestrian accident claims in California.
Damages
The pedestrian who was injured should prove the accident caused him or her to experience legally recognized injuries, such as physical injury, monetary loss, or property damage.
If a wounded pedestrian proves every one of these aspects by a balance of probabilities, the litigation will be won and the court will grant compensation.
Most Common Causes of Pedestrian Accidents Due to Driver Negligence
Failure to obey traffic signs and signals A typical technique to demonstrate a motorist was irresponsible while driving is to prove that he or she ignored traffic signs. A cautious motorist would obey all road signs.
Speeding
When a driver drives above the speed limit, they are likely to trigger a pedestrian accident. When a vehicle hits a pedestrian at a greater speed, the consequences are usually more serious. A motorist who speeds is acting recklessly or irresponsibly unless there is a real emergency.
No Regard for Traffic or Weather Conditions
Even though a driver complies with all California laws, they could still be negligent. All the pedestrian has to do is show that a normal driver wouldn't have acted how that motorist did.
Driving While Under the Influence of Drugs or Alcohol
Unfortunately, some pedestrian casualties are attributed to inebriated motorists. Since a reasonable motorist wouldn't operate while intoxicated, pedestrians are likely to be capable of collecting damages inflicted by an intoxicated driver.
Failing to Acknowledge the Right-of-Way of Pedestrians
When passing an intersection, motorists refuse to recognize the right-of-way law of pedestrians. Most pedestrian fatalities in road accidents are struck at crosswalks.
Negligent Driving
Pedestrians are put in harm's way by drunk driving, speeding, and fatigued drivers. According to research findings, the responses of an intoxicated driver or the drowsy one at the wheel are nearly identical.
When a Pedestrian is Liable
When a vehicle collides with a pedestrian, it's natural to think that the person driving the vehicle is to blame. A careless pedestrian, on the other hand, can make it impossible for a motorist to evade a collision. The motorist may collide with the pedestrian, swerve off its path, or collide with an oncoming vehicle.
Multiple events can occur when a pedestrian causes an automobile accident. The pedestrian could well be held liable for the motorist's losses. Medical expenditures, lost earnings, psychological trauma, or vehicle damage could all be included. Even when the pedestrian is hurt, they still could be held accountable for the motorist's losses.
Pedestrian Liability Examples
The driver could be eligible to sue the pedestrian for their damages if he or she is liable for the collision. A injury accident attorney can assist the driver with this.
The following are some instances whereby the pedestrian could be to blame in a pedestrian accident:
- Crossing a street in a non-designated crosswalk
- Failure to obey a traffic sign
- Attempting to cross a street while intoxicated is illegal.
- Walking in streets where no pedestrian is not permitted
- Darting or sprinting through the roadway, with no consideration for oncoming traffic
In such cases, the pedestrian could be to blame for the collision. The motorist may need to demonstrate that that pedestrian was triggered to receive compensation.
Proving Pedestrian Liability
Demonstrating the driver's innocence after the pedestrian accident might be challenging. A pedestrian accident attorney may have to gather proof to establish pedestrian culpability. In pedestrian accident cases, the following evidence may be used:
Photographs or Video Footage
In San Diego, CCTV cameras are commonly seen near crosswalks. Cameras may assist you in determining what transpired or who is liable by allowing you to watch the collision more clearly. Additionally, any photographs or videos recorded at the accident scene could be utilized as proof.
Statements from Witnesses
Eyewitnesses can be extremely useful in a motorist's case. Eyewitnesses at the accident scene can testify either in writing or orally to show that the pedestrian was responsible and also that the motorist wouldn't have avoided colliding with the pedestrian or causing an accident. The driver must try to acquire contact details from any eyewitnesses when the accident occurs.
Expert Witnesses
Following a pedestrian accident, demonstrating pedestrian liability might be difficult. Pedestrian accident attorneys who are representing plaintiffs in these lawsuits frequently engage accident reconstruction professionals to speak in their favor.
Third-Party Liability
In pedestrian accidents, third parties could also be held liable. For instance, dangerous road conditions, like potholes, an intersection design flaw, inadequate signage, or flawed automobile parts, played a role in the accident.
The manufacturer could be held liable if a flawed car or part caused a pedestrian accident. A governmental agency, on the other hand, might be liable for damages if poor road conditions caused an accident.
Pure Comparative Negligence Law in California
California is a state that strictly applies the doctrine of comparative negligence. Injury victims can sue even when they were 99 percent to blame for the accident. California somehow doesn't impose a 50 percent fault cap, as other revised comparative negligence jurisdictions do.
However, the complainant's reward will be reduced by their share of liability. If you're found 20% responsible in an automobile accident, for instance, you'll get $60,000 out of an $80,000 award. In general, the larger your proportion of fault, the less money you'll be compensated
Your attorney will have to establish that the accused's violation of duty caused you substantial harm. You could obtain a proportion of damages from the accused if the attorney can establish that the accused violated his or her duty of reasonable care for you and caused the accident. If you don't, you could be out of luck.
The laws in California provide that everybody is accountable for the outcome of their conduct unless the plaintiff had inflicted the injury upon himself or herself knowingly or wantonly. Pure comparative liability regulations split culpability and negligence among several parties. Take a moment to contact and engage a personal injury lawyer to defend you to properly settle your suit under California's negligence statutes.
Common Pedestrian Accident Injuries
If a pedestrian is struck by a vehicle, they are usually at a significant disadvantage. Automobile manufacturers have worked hard to improve car safety systems such as safety belts, safe and secure airbags, as well as collision avoidance mechanisms.
A pedestrian, on the other hand, is vulnerable and defenseless in the event of a collision with a vehicle or any other automobile. As a result, in a collision between a car and a pedestrian, the latter frequently suffer serious injuries, such as:
- Bone fractures
- Injuries to the spinal cord
- TBI (traumatic brain injury)
- Injury to the legs and knees
- Internal hemorrhage
- Ligament tears
- Damage to the nerves
- Cuts and gashes of serious forms
Pedestrian accidents frequently lead to severe injuries. The intensity of the injuries described above is determined by several elements, such as the car speed, the impact angle, the body part hit, the car's make, as well as the location of the accident.
Why Is It Necessary to Prove Liability in a Pedestrian Case?
Proving liability is necessary for the injured parties to seek compensation for the damages they incurred in an accident. The severity of the injuries caused by the accident and whether or not the complainant was severely wounded or the accident resulted in the death of someone may determine the damages obtainable following a pedestrian accident.
In the majority of pedestrian accidents, the wounded pedestrian has the right to sue for compensation. Damages are meant to place the injured party in a similar position they would probably be in if the unfortunate incident hadn't happened. This includes monetary compensation for the following:
- Counseling
- Hospital and medical bills
- Loss of income and wages
- Lost consortium
- Physical and occupational therapy
- Scarring and deformity
- Loss of earning potential
- Lost limbs
- Suffering and pain
The loss of support, companionship, and intimacy for spouses is referred to as loss of consortium. The claimant can recover compensation for a loss of consortium lawsuit to help make up for the spouse's or partner's loss of a companion and intimacy.
In certain instances, a pedestrian who has been injured may be eligible to claim punitive damages. In California, punitive damages are uncommon in personal injury claims. The wounded pedestrian must show that the accused engaged in heinous or outrageous behavior to receive punitive damages. This can occur when a driver deliberately tries to knock down a pedestrian.
How Long Do You Have To Bring a Pedestrian Accident Claim?
If you're thinking about bringing a pedestrian accident claim, you're probably curious about the amount of time it will take to be settled. A judicial law referred to as the "statute of limitations" gives you 2 years effect from the date of the accident to pursue legal action in California. The length of time it takes to settle your civil suit after you file it is determined by a range of aspects, such as the magnitude of the injuries as well as the sophistication of the complexities of your situation.
If you have been severely injured, the accused (or their insurance agency) could be ready and willing to settle before it is taken to trial since they expect a judge to grant you a large sum of compensatory damages. If you are offered a settlement deal before going to trial, a personal injury lawyer could assist you in determining whether the settlement you have been offered is satisfactory for your damages and injuries. In case your pedestrian accident claim is brought to trial, it could take months or years to resolve. When your lawyer starts to work on the lawsuit, they could be able to tell the amount of time your case could take.
Steps You Should Take After a Pedestrian Accident
The most essential thing you should do if you get hit by an automobile in California is to try and find medical assistance if necessary. If you have been hurt, dial 9-1-1 or have someone dial 9-1-1 on your behalf.
Even though you do not see any evident injuries, don't assume you're fine. Even minimal impacts can cause injury to the neck, head, or back. A medical professional should be consulted about all these injuries.
You might feel fine immediately after the accident. However, you could find yourself incapable of getting out of bed the following morning. If you wait too long to see a doctor, your brain trauma or spinal injury may become worse.
You must collect any crucial information after a pedestrian accident, including:
- The names and contact details of all those involved
- Obtain the motorist's name, insurance details, driving license, and registration number if a car has been involved
- Any witnesses' contact details
It could be a great idea to take pictures or a video of the scene of the accident and document the vehicle data if you do have your smartphone with you. You might also like to photograph your injuries.
Following a pedestrian accident, other people could automatically apologize. Sadly, the individual who led to the incident may take advantage of your utterances of apology. The issue about who's liable in a pedestrian accident claim must be determined by the jury. If you're not certain who triggered the accident, do not admit fault.
After the pedestrian accident, you must consult a personal injury lawyer. Don't attempt to bargain with the insurance provider alone. Allow your lawyer to manage insurance provider queries regarding who's to blame and how you'll be compensated.
Contact a San Diego Personal Injury Lawyer
You have the best shot at winning your pedestrian accident lawsuit or claim if you engage with a known and trusted personal injury lawyer. A lawyer will collect proof to back up your claim, relieving the pressure of having to navigate the insurance settlement procedure or the judicial process. If you were injured in a pedestrian accident in San Diego, California as a result of somebody else's carelessness, call the San Diego Personal Injury Law Firm at 619-478-4059 right away for legal support.