The immediate thought following a car accident where a pedestrian is involved often centers on the driver’s fault. However, in personal injury law, the determination of liability is rarely that simple. The truth is, under certain circumstances, a pedestrian can be wholly or partially responsible for causing an accident. When an at-fault pedestrian claims, I was hit by a car while walking, the driver who hit the pedestrian needs a strategy, which is where a San Bernardino pedestrian accident attorney from Avrek Law Firm excels.
The Law on Pedestrian Fault in California
California operates under a “pure comparative negligence” system. This means that a person can still recover damages even if they were partly at fault, but their total compensation is reduced by their percentage of fault. This rule applies to both drivers and pedestrians.
For example, a pedestrian who crosses a busy road outside of a marked crosswalk (an act often referred to as jaywalking) and is struck may be found partially at fault. The question of what happens if you hit a pedestrian jaywalking isn’t an automatic exoneration for the driver. Even if the pedestrian was jaywalking, the driver still has a general duty of care to operate their vehicle safely and avoid a collision if possible.
It is rare for a pedestrian to be found 100% at fault, but it is possible. This might occur if a pedestrian unexpectedly jumps into traffic from a place of safety, giving the driver absolutely no time to react. Evidence like dashcam footage, witness testimony, and accident reconstruction are crucial in assigning percentages of fault. If you are a driver in this situation, securing a top-tier accident attorney is your most vital step to protect your rights.
The Pedestrian’s Duty of Care
While traffic laws are generally designed to protect people on foot, pedestrians are not immune from legal responsibilities. The law expects everyone to exercise reasonable care for their own safety. Pedestrian negligence often includes:
- Ignoring traffic signals (crossing on a “Don’t Walk”).
- Crossing outside a marked crosswalk when one is nearby.
- Suddenly leaving a curb and entering the path of a vehicle that is too close to stop.
- Walking on prohibited roadways, like freeways.
The distinction between proper movement and negligence can be very subtle. Walk, don’t run is a simple piece of advice, but if an individual darts into traffic suddenly, it can change the determination of fault entirely.
Drivers involved in pedestrian hit by car incidents need strong representation. A skilled San Bernardino pedestrian accident lawyer can make all the difference in defending your claim and proving the pedestrian’s role in the collision.
Who is Responsible for the Damages?
When a pedestrian is fully or mostly at fault, they and their own resources may be the primary source of compensation for the driver’s damages. This can involve the driver’s car damage, injuries, and other losses.
- Property Damage: The driver’s insurance company may pay for vehicle damage and then seek reimbursement from the at-fault pedestrian.
- Driver Injuries: The driver’s medical expenses would initially be covered by their own insurance (health or auto Med-Pay), with the opportunity to recover these costs from the pedestrian later.
- Pedestrian Injuries: Even an at-fault pedestrian can seek compensation if the driver is found to share even a small percentage of the blame, thanks to the pure comparative negligence rule.
Dealing with multiple insurance companies—your own, the pedestrian’s, and potentially others—is a significant burden. When you are the driver in a pedestrian accident scenario, the insurance company will look for any reason to place more blame on you to reduce their payout. This is why you need a dedicated San Bernardino pedestrian accident attorney to manage communication, gather proof, and construct a defense that correctly places the responsibility on the negligent party.
The Advantage of Choosing Avrek Law Firm
Many people assume that if a pedestrian is hit by a car, the driver is automatically guilty, but Avrek Law’s experience in the local courts challenges this assumption.
Did you know that in 2022, 26 percent of all motor vehicle fatalities in California were pedestrians? This high figure shows the potential for serious injuries in any collision, even when the pedestrian is at fault. According to data from the Safe Transportation Research and Education Center, there were 1,158 pedestrians killed in motor vehicle traffic crashes in California in 2022. This statistic underscores the seriousness of these accidents and the high stakes involved in any resulting lawsuit.
Your Defense with a San Bernardino Pedestrian Accident Lawyer
Even if the pedestrian involved claims that they’re not injured at the scene, injuries and a potential lawsuit may arise days or weeks later. In this case, or any case where you hit a person who was walking carelessly, you need a prepared legal defense. Choosing an exceptional San Bernardino pedestrian accident lawyer from Avrek Law Firm means you get a team with a strong record of success and a reputation for challenging biased narratives.
When you are asking yourself, “Where can I find the best San Bernardino pedestrian accident attorney?” the answer is a firm that has recovered hundreds of millions for clients. That firm is Avrek Law.
Your Stability and Peace Matter
Contact Avrek Law Firm today for a free consultation to review your case and learn how their dedicated team can provide the defense you need.
Call us at 866-598-5548 to speak directly with an intake professional or chat with us on our website to start your claim review. You can also fill out our online form to have a legal professional contact you at your convenience.
