If you are struck by a vehicle while a pedestrian in Southern California, you may be entitled to recover compensation if you were injured. You will not, however, automatically collect that compensation. You will need to retain the services of a California pedestrian accident lawyer who will have the knowledge and resources to pursue compensation from negligent drivers and their insurance companies.
At CaseyGerry in San Diego, we have represented injured pedestrians against negligent drivers, cyclists, truckers, and others who negligently knocked over pedestrians on city streets. We fight to recover fair and reasonable compensation for an injured pedestrian’s losses, including medical bills, lost wages and long-term care expenses while recovering from injuries and pain and suffering. Contact us today for a free consultation. A California pedestrian rights lawyer can assess your case and answer your questions.
How to Determine Liability When a Pedestrian Is Hit by a Motorist
The liability of a motorist and the availability of compensation for a pedestrian hit by a car will depend, in part, on whether the pedestrian was in a crosswalk at the time of the accident. Section 21950 of the pedestrian laws in California generally requires drivers to yield the right-of-way to anyone crossing the street within a marked or unmarked crosswalk. Further, this law applies to runners and joggers, persons riding a motorized assist device, and individuals using self-propelled mobility devices other than a bicycle, such as a skateboard or rollerblades.
At non-signaled crosswalks, the pedestrian always has the right of way, even if they run out in front of a moving vehicle. When approaching a non-signaled crosswalk, drivers are advised to slow down and remain alert. In both cases, drivers have a duty of care to keep pedestrians safe, and any breach of that duty will impose liability for compensation on the driver.
How Comparative Negligence Affects a Pedestrian’s Compensation for Being Knocked Over
California law applies a pure comparative negligence standard when a pedestrian is knocked over by a car. Their compensation will be reduced in proportion to their fault for causing the accident. However, an experienced attorney will anticipate a driver’s argument that a pedestrian was negligent. They will use all available evidence to emphasize the driver’s greater negligence by showing, for example, that the driver:
- Exceeded posted speed limits or violated other traffic laws.
- Was texting or distracted by something else in their vehicle.
- Operated the car while under the influence of drugs or alcohol.
- Drove carelessly or recklessly under prevailing weather and traffic conditions.
When you seek legal representation to handle your pedestrian accident case, hire a personal injury attorney with the knowledge and expertise to use the available evidence to diminish or eliminate comparative negligence challenges.
Call CaseyGerry in San Diego for a Free Consultation
At CaseyGerry, we believe that holding negligent drivers responsible for damages when they knock over a pedestrian creates powerful incentives for drivers to exercise care to make San Diego streets safe for everyone.
Please call our offices for a free, no-obligation assessment of your opportunity to recover compensation if you’ve been knocked over by a car. If you retain our services and we accept your case, we will thoroughly investigate your accident, engage all insurance companies in settlement discussions, and fight to recover compensation for your losses and injuries.
