If a Pedestrian Walked out in Front of a Car, Is the Driver Still Responsible?
A pedestrian was critically injured in Fresno, CA near Olive Avenue and First Street in a pedestrian accident when he apparently walked out in front of a car driven by a 64-year old woman. According to reports, the driver of the vehicle and witnesses at the scene of the accident said the pedestrian attempted to cross Olive Avenue in front of traffic. It is unknown at this time why the pedestrian attempted to cross the road at that exact moment.
In a typical pedestrian accident, the driver of the vehicle is at fault for failing to yield the right of way to a pedestrian, speeding, or some other negligent action that caused the accident. However, there are cases in which the pedestrian could be partly at fault for the accident. Under California’s comparative negligence law, this could prevent the pedestrian from collecting full compensation but may not necessarily void the entire accident claim.
It is always in a person’s best interest to consult with a Fresno personal injury attorney any time an accident occurs even if the person believes he or she may be partly at blame for the accident. Under comparative negligence law, you may still be entitled to receive partial compensation for your injuries. The Fresno accident attorneys of Torem & Associates offer a free consultation so that you can get experienced legal advice regarding your accident claim.
Pedestrian Accident Injuries and Comparative Negligence Law
Under California’s comparative negligence laws, the compensation paid to a victim in a pedestrian accident can be reduced if the victim is found to be partially at fault for the accident. However, if the pedestrian is only partially at fault, the pedestrian can still collect some compensation from the driver of the vehicle.
For example, if the pedestrian crossed the road outside of a crosswalk without regard for oncoming traffic, the jury may find that the pedestrian contributed to the accident. However, if the driver was speeding at the time of the collision, the jury may also find that the driver could have avoided the collision if he was not speeding; therefore, the driver also contributed to the pedestrian accident.
The jury would assign a percentage of fault to the driver and to the pedestrian. Comparative negligence law requires that the pedestrian’s recovery be reduced by the pedestrian’s percentage of fault. If the pedestrian is 40% at fault, he will still receive 60% of his damages from the driver of the vehicle. This compensation can help pay for much needed medical treatment and compensate the pedestrian for pain and suffering.
Contact a Fresno, CA Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian accident in Fresno, CA or the surrounding Central California Valley area, call Torem & Associates at (888) 500-5000to schedule a free legal consultation. You may also chat with a representative online or use our convenient online contact form to get answers to your questions regarding a pedestrian accident.
Our Fresno personal injury attorneys and staff understand that this is a difficult time for you and for your family. We want to help you receive compensation for your losses and damages so that you can concentrate on recovering from injuries sustained in a pedestrian accident. Call us today to speak with an attorney!Categories: