The Fresno Bee posted a local news story on December 17 about a woman being injured in a Visalia pedestrian accident. According to the Visalia Police Department, the accident victim was crossing Jacob Street near Allen Avenue when a vehicle struck her. The driver of the vehicle remained at the accident. Lt. Ron Epp of the Visalia Police Department said that drugs or alcohol do not appear to be a factor in the Visalia pedestrian accident.
The accident victim was transported to Kaweah Delta Medical Center before being transported to Community Regional Medical Center in Fresno. She is reported to be in critical condition. The Fresno Bee also reported that the pedestrian was not using the crosswalk when the accident occurred.
Fault In Pedestrian Accidents
It is always best to use a crosswalk when crossing a street. Using a crosswalk can reduce the risk of being struck by a vehicle because drivers may pay more attention and look for pedestrians when approaching an intersection. While this is not always the case, pedestrians need to take every available step to protect themselves from being injured in a motor vehicle accident.
When a pedestrian is injured in an accident like the one above, the insurance company for the driver often argues that it is the pedestrian’s fault for not using a crosswalk. The driver’s insurance company wants to place the blame for the accident on the pedestrian so it can avoid paying the victim compensation for his or her damages. However, drivers have a responsibility to watch for pedestrians, inside and outside of crosswalks. Furthermore, if the driver was speeding or texting at the time of the accident, it would not have mattered if the pedestrian was inside or outside of a crosswalk.
California’s Pure Comparative Fault Standard
Under California’s pure comparative fault standard, the pedestrian can be found to be partially at fault for the accident and still receive compensation for damages. For example, a jury could find that the pedestrian was 50 percent at fault for not using the crosswalk. This does not prevent the pedestrian from recovering the other 50 percent of damages from the driver.
In accidents like this, determining fault can be difficult. Each party blames the other side for the accident. A Fresno pedestrian accident attorney can help the victim fight for the compensation he or she is entitled to receive from the driver. It is important to hire an attorney with experience handling this type of personal injury claim. You need someone who understands how to fight the insurance company’s argument that you were partially at fault for the accident to increase your chance of receiving full compensation for your injuries.
Do not let the insurance adjuster for the driver convince you that you are at fault for the accident. Consult a Fresno pedestrian accident attorney BEFORE you discuss the claim with the insurance adjuster or sign any forms for the insurance company for the other driver.
Call A Fresno Pedestrian Accident Attorney For A Free Appointment
If you have been injured in the Fresno, CA or Central California Valley area, Torem & Associates can help you file an accident claim to receive compensation for your injuries. Call our office at 1-800-954-4444 or contact us using our online contact form to schedule a free consultation with one of our attorneys. It does not cost you anything to get answers to your questions and learn about your legal rights. Take advantage of your free consultation to protect your legal rights!