Pedestrians involved in an accident with a vehicle have no protection against the collision. There is no metal, enclosed box that could protect you from suffering injuries. There is no seat belt that could prevent your body from being thrown. There is no airbag that could cushion a blow. The impact will hurt and could even kill you. But is it always the driver’s fault? A Newport Beach accident attorney can help you find who’s at fault.
Generally, the person who fails to exercise a reasonable standard of care under the circumstances may be considered at fault, or negligent.
A driver of a vehicle (e.g. car, bus, motorcycle, truck, etc.) has a duty to operate his or her vehicle in a safe manner under the circumstances. The driver must also obey all traffic laws, including giving a pedestrian the right of way. Violation of the traffic laws is considered negligence. A Newport Beach accident attorney generally sees drivers at fault because of:
There are instances, however, when the pedestrian could be held at fault for the accident.
Pedestrians must exercise reasonable care for their own safety. The pedestrian could be negligent if he or she:
Other parties could also be negligent. A Newport Beach accident attorney illustrates:
Multiple parties could also share fault. For example, the driver was speeding and hit a pedestrian who was jaywalking.
California follows the pure comparative fault rule: so long as the pedestrian is not completely negligent or at fault, then the pedestrian can recover for his or her injuries even if the pedestrian was more at fault than the driver. However, the amount of recovery is reduced in proportion to the pedestrian’s fault.
Contact Russell & Lazarus APC, a Newport Beach accident law firm, at (800) 268-9228 for further information.