With the rise in the number of pedestrians on the road, especially in California, pedestrian accidents are becoming a common occurrence. In the event of an accident, the question of who is responsible for the accident arises. Determining fault in a pedestrian accident case is always a complicated process, which requires a thorough investigation of the incident. In California, there are specific guidelines that govern how fault is determined in pedestrian accident cases. This article will outline these guidelines and explore how fault is determined in pedestrian accident cases in California.
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Overview of California’s Pedestrian Accident Laws
California is one of the most densely populated states in the United States. With an increasing population, the state has seen a rise in the number of pedestrian accidents. California has specific laws that govern pedestrian safety to minimize the number of accidents on the road. These laws make it necessary for drivers to exercise care while on the road to avoid injuring pedestrians. If a pedestrian is involved in an accident, the state of California has specific laws that dictate fault determination.
California’s Comparative Fault Law
In pedestrian accidents, the law of comparative fault applies in California. This means that if a pedestrian contributes to or causes the accident in any way, they can still recover compensation for their damages, but the amount of compensation may be reduced.
Under the comparative fault law, the total amount of damages that a pedestrian is entitled to receive will be reduced in proportion to their fault. For example, if it is determined that the pedestrian is 20% to blame for the accident, they will only receive 80% of the total amount of damages they are entitled to receive.
Factors Considered When Determining Fault
In California, several factors are considered when determining fault in a pedestrian accident case. These factors include:
Traffic Violations
Traffic violations are an important consideration when determining fault in a pedestrian accident case. If a driver is found to have violated traffic laws, such as driving above the speed limit, failing to yield the right of way, or disregarding traffic signals, they may be found to be at fault for the accident. Similarly, if a pedestrian violated pedestrian laws, such as crossing the road without using the designated crosswalk, they may be found to be at fault.
Negligence
Negligence is another consideration when determining fault in a pedestrian accident case. Negligence refers to the failure to exercise reasonable care on the part of the driver or the pedestrian. For instance, if the driver was distracted while driving or the pedestrian was walking while texting, they may both be found to have contributed to the accident and share fault.
Intoxication
If a driver was found to be under the influence of drugs or alcohol at the time of the accident, they may be found to be at fault for the accident. Similarly, if a pedestrian was intoxicated when the accident occurred, they may share fault in the accident.
Vehicle Malfunctions
Sometimes, vehicle malfunctions can cause accidents. If it is determined that a vehicle malfunction, such as brake failure, caused the accident, then the driver may share less fault.
Conclusion
Pedestrian accidents can cause severe injuries, and determining fault in a pedestrian accident case is crucial to ensure that the responsible party compensates victims adequately. Under California law, fault in pedestrian accidents is determined using the comparative fault law, which takes into account several factors such as traffic violations, negligence, intoxication, and vehicle malfunctions. It is recommended that anyone involved in a pedestrian accident in California consult with an experienced personal injury attorney who can help navigate the complexities of determining fault and securing compensation for injuries and damages.