Who is Liable in Pedestrian At-Fault Accidents?

If you have been involved in a pedestrian at-fault accident, trust your case with our experienced personal injury attorneys. We can establish liability and help you seek compensation for your damages. Our San Diego, CA, office is convenient and accessible, and you can receive a free initial consultation with one of our attorneys to review your case. Even if a pedestrian is partially at fault for an accident, you could still be held liable, so do not hesitate to contact San Diego Injury Lawyer today to discuss your case.

Pedestrian Accidents

Photo of  woman in a cross walkPedestrian accidents most commonly involve a motor vehicle, such as a car, truck, or bus, and a pedestrian. These accidents can happen almost anywhere, but are far more common in large cities like San Diego. While many individuals assume that the pedestrian is always the victim in these situations, in some cases, the pedestrian may be at fault for the accident.

When Might a Pedestrian be At Fault?

A number of factors may deem the pedestrian at least partially, if not fully at fault for an accident. A pedestrian might be at fault if they:

  • Were jaywalking (not walking in specified crosswalks)
  • Failed to obey pedestrian traffic signals
  • Were openly intoxicated
  • Walked in areas that expressly prohibit pedestrians, such as along a highway

Unfortunately, even if a pedestrian is at fault for the accident, California’s pure comparative negligence standard could minimize the damages a motorist might collect. It is essential that you work with a highly experienced personal injury attorney to protect your interests.

Determining Liability in Pedestrian At-Fault Accidents

To determine which party was at fault in a pedestrian accident, you need a skilled attorney on your side to investigate. At San Diego Injury Lawyer, we look at every aspect of the scene of the accident to establish liability and determine fault.

Comparative Negligence

California is one of many states with a pure comparative negligence standard. Comparative negligence means that if both parties are found partially liable, the plaintiff can only collect a reduced amount of damages based on the percentage they were found to be at fault. Therefore, if the driver of the vehicle is found 75 percent at fault for the accident, the damages they can collect are reduced by 75 percent.

Our experienced team can help you establish pedestrian liability in an accident to protect your interests and future.

Unfortunately, even if a pedestrian is jaywalking or was walking along the highway, both of which are against the law, a driver could still be liable. A judge or jury may rule that although the pedestrian broke the law, as a driver, you are responsible for being alert and aware of your surroundings. A skilled attorney can help you prove the pedestrian was at least as much at fault for the accident as you, minimizing the damages they can collect from your insurance company.

Work with Our Expert Attorneys

If you were involved in a pedestrian at-fault accident, contact our law firm online or call us at (619) 272-4028 to schedule a consultation. Our experienced team can help you establish pedestrian liability in an accident to protect your interests and future.