When is a Pedestrian at Fault for a Car Accident?

Usually, when you think about a car accident with a pedestrian, it’s automatically assumed that the driver is at fault. However, there are times when it is actually the pedestrian who caused the accident to occur. If you reside in San Diego and find yourself in an accident with a pedestrian who is responsible, you need a good San Diego accident attorney. Here are a few ways in which the pedestrian is to blame for an accident.

When a Pedestrian is at Fault for a Car Accident

In some instances, it’s easy to determine when a pedestrian is at fault for an accident with a vehicle. For example, if you witness a car hitting a pedestrian and noticed that the pedestrian suddenly darted out into the middle of the street from the center instead of the crosswalk and clearly did not look at traffic, it would obviously be their fault. Likewise, it’s usually easy for an eyewitness to see when a driver is at fault for a car accident. When the driver is the one at fault, there is typically a personal injury claim made in which they have to compensate the pedestrian for their injuries.

However, when the pedestrian is completely or at least partially at fault for an accident, these are the most common scenarios:

• Jaywalking or crossing in the middle of a street instead of at the crosswalk
• Crossing against the light when the cars have the right of way
• Entering a street or highway while intoxicated
• Walking along a highway, causeway or bridge that is prohibited to pedestrian access

When a Pedestrian Shares Fault for a Car Accident

Of course, there are instances where a car accident is not completely a driver’s fault. Sometimes, the pedestrian shares some level of responsibility. This is called comparative negligence. An example of such an instance is if a driver is going enough over the speed limit that it’s unsafe and impossible to stop in time, but a pedestrian jaywalks. The pedestrian may be found 10 percent at fault, which would reduce their personal injury claim for compensation by 10 percent. In other words, if the pedestrian was seeking $10,000 in compensation for injuries, the amount they would be rewarded in this case would be $9,000.

If you are injured in a pedestrian accident in San Diego, contact the Mova Law Group at your earliest convenience to be connected with a San Diego pedestrian accident attorney.

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