Negligence and Liability in Pedestrian Accidents

Pedestrians face serious safety risks. The California Office of Traffic Safety (OTS) reports that there are between 750 and 1,000 pedestrian fatalities statewide each year. Many thousands more are hurt in collisions each year. In California, a driver is not automatically liable for a pedestrian crash. Fault is based on negligence. Here, our Fresno pedestrian accident attorney provides a guide to negligence and liability in California.

Know the Law: Pedestrian Accident Liability is Based on Fault in California

In California, pedestrian accident claims are governed by a fault-based system of liability. A driver is not automatically liable for a crash if he or she hits a pedestrian. Instead, the party (driver or otherwise) who causes the accident through negligent or reckless conduct is legally responsible for the resulting injuries. Common examples of driver negligence include speeding, failing to yield at a crosswalk, or texting while driving. However, pedestrians could be partially or even fully liable for their own accident if they acted in a negligent manner that contributed to the crash.

Understanding Negligence (Pedestrian Crashes)

Negligence is the legal foundation of nearly all pedestrian accident injury claims. It refers to a failure to act as a reasonably careful person would under similar circumstances. For drivers, this includes following traffic signals, yielding to pedestrians in crosswalks, and avoiding distractions. For pedestrians, it includes obeying walk signals and not suddenly darting into traffic. In California, both motorists and pedestrians have legal duties. When one party breaches that duty and causes harm, they can be held liable for the resulting accident.

An Overview of California’s Pure Comparative Negligence Standard

Pedestrians should know that California is a pure comparative negligence state. Each party is responsible for its “share” of the blame for a crash. If you are partially at fault for your own accident, your compensation will be subject to a proportional reduction. Here is an example:

• Imagine that you crossed Blackstone Avenue in Fresno at a mid-block location. You did not wait to cross at one of the marked crosswalks. Unfortunately, you are hit by a driver who is distracted while talking to a passenger. A jury might find you (the pedestrian) 20% at fault for the crash and the driver responsible for the remaining 80%. If you had $50,000 in total damages, your recovery would be limited to $40,000. You would be liable for 20% of your own injuries ($10,000).

Each and every percentage point of fault matters. A top-rated Fresno pedestrian accident lawyer can protect you from an unfair share of liability for your collision.

Contact Our Fresno Pedestrian Accident Attorney Today

At Nunes Law, Inc., our Fresno pedestrian accident lawyers are always prepared to go the extra mile to fight for justice for victims and families. If you or your loved one were hurt in a pedestrian collision, please do not hesitate to contact us today for a free case review. With an office in Fresno, our firm handles pedestrian crash injury claims throughout the region in Central California.