Stockton Accidents Involving Pedestrians
Stockton Accidents Involving Pedestrians
I’m Ed Smith, a Stockton auto accident attorney. Drivers have a specific duty when it comes to preventing accidents with pedestrians, especially if the person was legally in a crosswalk. A vehicle will likely suffer minimal damage and the vehicle occupants might not sustain any injuries. On the other hand, the pedestrian will usually bear the brunt of the injuries. Stockton accidents involving pedestrians can be tragic and frightening.
Assigning Fault in an Accident
A motorist is often at fault in a pedestrian accident, especially if he or she breaks the law. Examples might include turning at a stop light without stopping, driving through a red light and ignoring the pedestrian’s right-of-way at a crosswalk. However, both parties need to exercise due caution on the road, including obeying all traffic laws. If the driver acted responsibly but the pedestrian ignored laws or was negligent, the pedestrian will be held liable. In general, the courts will rule against the negligent party in an accident.
Pedestrians can often avoid accidents by staying on the sidewalk before entering the road. The law holds pedestrians responsible for exercising reasonable care as much as possible.
When Both Parties Are at Fault
Sometimes both parties can be held responsible. For example, if a driver was speeding and the pedestrian crossed the street against the light, they could both be ticketed.
Comparative and Contributory Fault
States use different systems when determining fault, deciding liability and calculating who will pay after an accident.
California uses pure comparative fault, which means that compensation is limited to the percentage of fault. In other words, the victim can recover damages even if he or she is 99 percent liable in the accident. This means that if the court awards a judgment of $100,000 in a case, the victim would receive $1,000 if he or she is held 99 percent responsible.
Some states use modified comparative negligence. This works similarly, but once the percentage hits a certain maximum, usually 50 percent, the courts will not award any compensation.
Just a few states use contributory negligence, which means that the plaintiff will not recover anything if he or she contributed to the accident in any way.
Pedestrian Injury Attorney Serving Stockton
I’m Ed Smith, a Stockton Auto Accident Attorney. If you or a family member has been seriously injured in a pedestrian or car accident, please contact me at (800) 404-5400 or at (916) 921-6400. If you prefer, send me an email by using this link.
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Photo Attribution: By Luke [Public domain], via Wikimedia Commons