When a pedestrian is hit by a car, they are going to be much more injured than the person who was driving. This combined with the old adage “the pedestrian always has the right of way” makes many people think that a pedestrian who was hit by a car is never at fault. However, our lawyers for getting hit by a car can tell you that this assumption is incorrect.
Clearly, there are times when a driver is at fault for hitting a pedestrian, such as if they run a red light or drive through a crosswalk without checking for passersby. However, many traffic collision experts argue that pedestrians are more in control of avoiding an accident. When someone is on foot, they have more control over their movements and whereabouts, and pedestrians are also typically the ones who choose when and where to enter the roadway.
From a legal standpoint, personal injury lawsuits are based on negligence. The party in the lawsuit that showed negligence is the one that is liable for damages. In California, personal injury law goes by the doctrine of pure comparative negligence, meaning that each party in the lawsuit is assigned a percentage of fault in the accident. The amount of compensation each party is liable for is directly correlated to their amount of fault.
Every person, whether they are on foot or in a vehicle, is expected to obey traffic laws and act with a reasonable amount of care for the safety of themselves and others. If Sherman Oaks injury lawyers find that one person failed to exercise this amount of care, then they are going to hold some, if not all, of the fault.
California’s shared fault laws make it all the more important to keep traffic laws in mind when you’re on the roads. It’s important for pedestrians to realize that they don’t always have the right of way, and they can’t expect drivers to successfully skid to a stop or swerve to avoid hitting them. Drivers also need to keep their hands on the steering wheel and their eyes on the road so that they are aware of all pedestrians around their vehicle.