Usually, when you think about a car accident with a pedestrian, it’s automatically assumed that the driver is at fault. However, there are times when it is actually the pedestrian who caused the accident to occur. If you reside in San Diego and find yourself in an accident with a pedestrian who is responsible, you need a good San Diego accident attorney. Here are a few ways in which the pedestrian is to blame for an accident.
When a Pedestrian is at Fault for a Car Accident
It might be difficult to tell when a pedestrian is to blame for a car accident in some cases.
For example, if you see a car hit a person and note that the pedestrian abruptly raced out into the middle of the street from the center instead of using the crosswalk and did not appear to be looking at traffic, it is plainly their fault. Similarly, an eyewitness can typically tell when a driver is at blame in a car accident. When the driver is at fault, a personal injury claim is filed, and the driver is required to compensate the pedestrian for their injuries.
However, when the pedestrian is completely or at least partially at fault for an accident, these are the most common scenarios:
• Jaywalking or crossing in the middle of a street instead of at the crosswalk
• Crossing against the light when the cars have the right of way
• Entering a street or highway while intoxicated
• Walking along a highway, causeway or bridge that is prohibited to pedestrian access
When a Pedestrian Shares Fault for a Car Accident
Of course, there are times when an automobile collision is not entirely the fault of the driver. Occasionally, the pedestrian bears some responsibility. Comparative carelessness is the term used to describe this situation.
If a car exceeds the speed limit to the point where it is unsafe and impossible to stop in time, yet a pedestrian jaywalks, this is an illustration of such an instance. If the pedestrian is determined to be 10% at fault, their personal injury claim for compensation will be reduced by 10%. In other words, if a pedestrian sought $10,000 in compensation for their injuries, they would be awarded $9,000 in this situation.
If you are injured in a pedestrian accident in San Diego, contact the Mova Law Group at your earliest convenience to be connected with a San Diego pedestrian accident attorney.