Can Pedestrian Fault Affect a Car Accident Case in California, Sherman Oaks?

Pedestrian accidents can lead to severe injuries, and in many cases, drivers are presumed to be at fault. However, this is not always the case. In California, pedestrians are expected to follow traffic laws just like drivers, and if a pedestrian’s actions contributed to the accident, they may be held partially responsible. If you’re involved in a pedestrian-car accident in Sherman Oaks, CA, understanding how pedestrian fault impacts liability and compensation is crucial. This post explains the key factors to consider and how fault can affect your claim.

Understanding Pedestrian Fault in California

Pedestrians must adhere to certain rules, and failing to do so can lead to shared or full liability in an accident. Some common examples of pedestrian fault include:

Jaywalking: Crossing the street outside of designated crosswalks or against traffic signals.

Ignoring Traffic Signals: Walking when a pedestrian signal says “Don’t Walk” or when crossing without the right of way.

Walking in Non-Pedestrian Areas: This includes walking on highways or in areas where pedestrian traffic is prohibited.

In these situations, the pedestrian may be considered negligent, and their actions can directly impact their ability to recover compensation. In California, determining fault is essential, and even pedestrians can share responsibility in an accident.

California’s Comparative Negligence Rule

California follows a comparative negligence rule, meaning that fault can be divided among the parties involved in the accident. Under this rule, a pedestrian can still recover compensation even if they are found partially at fault. However, the amount of compensation they receive will be reduced by their percentage of fault.

For instance, if a pedestrian is deemed 30% at fault for the accident, they would only be able to recover 70% of the awarded damages. This system allows for shared responsibility, ensuring that both drivers and pedestrians are accountable for their actions. It’s important to have a clear understanding of this rule to know how it might affect the outcome of your case.

Impact on Compensation

When a pedestrian is partially or fully at fault for an accident, their compensation will be reduced based on their level of responsibility. Compensation typically covers:

• Medical Expenses
• Lost Wages
• Pain and Suffering

If the pedestrian is found to be 50% at fault, for example, their compensation for these damages will be cut in half. Insurance companies may also attempt to use this as a reason to offer a lower settlement, which is why having experienced legal representation is vital.

The Importance of Experienced Representation

Accidents involving pedestrians can be complicated, especially when fault is disputed. Insurance companies often try to minimize payouts by attributing more fault to the pedestrian. An experienced attorney can help you gather the necessary evidence, such as witness statements, surveillance footage, and accident reports, to challenge any unfair claims of fault.

Legal representation ensures that your rights are protected and that you receive fair compensation, even if you are partially responsible for the accident. Working with a skilled lawyer can make all the difference in the outcome of your case.

Steps to Take After a Pedestrian-Car Accident

If you’re involved in a pedestrian-car accident in Sherman Oaks, CA, it’s essential to take immediate steps to protect yourself and your legal rights:

1. Seek Medical Attention: Even if your injuries seem minor, get checked by a healthcare professional. Medical documentation is critical in proving your case.
2. Report the Accident: Always file a police report, even if the accident seems minor. This report will serve as valuable evidence.
3. Gather Evidence: Take photos of the scene, the vehicle involved, and your injuries. If there are witnesses, collect their contact information.
4. Consult an Attorney: Contact an experienced pedestrian accident attorney to evaluate your case, especially if fault is disputed.

Taking these steps after an accident will strengthen your case and ensure you have the best chance of recovering compensation.

Pedestrian fault can have a significant impact on the outcome of an accident claim. Understanding how California’s comparative negligence rule works and having strong legal representation are key to ensuring fair compensation. If you’ve been involved in a pedestrian-car accident in Sherman Oaks, CA, contact Weiss & Farrokh to discuss your case and explore your legal options.