Yes. Pedestrians can seek support after being struck by a careless driver. Drivers could be financially liable if they are found partially or fully at fault for an accident. In general, the motorist could be accountable, even if the walker was crossing in the middle of the street, outside of a crosswalk. Drivers would be responsible for covering some or all of a pedestrian’s recovery bills.
Who Is Responsible for a Pedestrian Accident That Happens Outside a Crosswalk?
California drivers are held to a higher standard when they travel around pedestrians. This is due to the extreme vulnerability of someone on foot when they must cross streets in front of fast-moving and heavy vehicles. Any impact can prove devastating and life-threatening.
Because of this risk, drivers must slow down when they observe a pedestrian, along any street, no matter where they are. They must go slowly enough to be able to stop to avoid an impact if necessary. When they don’t uphold this duty, and there’s a collision, drivers can be held partially or fully liable in accidents.
This “care” could be necessary while someone is jogging on a crosswalk through a busy intersection, like the one at Gage Avenue and Atlantic Boulevard. But it’s also required of drivers if someone is crossing where there are no traffic lights or crosswalks, such as in the middle of Randolph Street.
Pedestrians can be found to blame for a collision or partially at fault, but generally not just for crossing the street where there are no intersections. This type of pedestrian action isn’t necessarily illegal anymore.
Who’s At Fault If I’m Jaywalking in Bell?
“Jaywalking” is a term for the act of a pedestrian crossing the street in a spot without a crosswalk. Recently, California restricted the situations under which jaywalkers could be stopped and given a traffic citation.
Pedestrians would be found at fault if they caused an immediate threat to themselves or others. That might include stepping out in front of an approaching vehicle so unexpectedly that the driver doesn’t have a chance to stop to avoid an impact.
And yet, drivers are often found partially to blame, even in accidents where a pedestrian is found to have made a reckless decision. This is possible under the legal concept of “comparative negligence” in California.
It means that a driver and a pedestrian victim could both be to blame for an accident. In this case, they’d both receive a percentage of blame from a judge or jury.
The pedestrian could earn an award in court from the driver’s car insurance provider, but it could be reduced by the percentage of fault the pedestrian was assigned. For example, an injured jogger might receive $30,000 in a court award. Yet, if the jogger had been assigned 10% of the fault, the insurance check would be reduced by $3,000.
Should I File a Pedestrian Accident Claim If I Believe I Was Partially to Blame for an Accident?
Yes. Pedestrians can still earn a substantial amount in a settlement claim and should always explore their options, even if they feel they were partially at fault.
The driver may still be liable or partly liable, and any compensation won would help the victim pay medical bills and replace lost paychecks while they were out of work.
What’s more, having a skilled lawyer often helps you earn much more in support than victims could usually earn on their own. A skilled Bell Pedestrian Accident Lawyer would be fighting to have your percentage of fault reduced as low as possible, allowing you to receive more recovery help. In fact, if you didn’t deserve any blame for what happened, your lawyer would rely on strong evidence to show you shouldn’t carry any of the blame.
Frequently Asked Questions
How long do I have to file a pedestrian accident injury claim?
Two years. You’ll have to file your injury claim before two years have passed since the accident date or risk having your case rejected. You should take action sooner rather than later, before important evidence disappears.
Do I need a lawyer after a pedestrian accident?
If you suffer a serious injury, like a bone fracture or a Traumatic Brain Injury (TBI), you may need a lawyer’s help to secure full compensation for recovery bills. The higher the medical bills go, the harder car insurance companies will make it for you to get compensation. When an insurance company tries to blame you for an accident, including blaming you for crossing in the middle of the street, you should speak to Maison Law in a free consultation about protecting your claim.
What if I can’t afford to pay a pedestrian accident lawyer?
If you feel we can help you earn more for your injury, you won’t need any upfront money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check that an insurance company provides.
Support for Bell CA Pedestrian Accident Victims
If you or a loved one has suffered a serious injury in a pedestrian collision caused by a careless driver, discuss your case with a skilled Bell Pedestrian Accident Lawyer as soon as possible.
We offer a free, no-obligation case evaluation to all accident victims and their families. We want to make sure victims get the support they need to recover and return to the road again. Pedestrian collision victims should never be left to face the costs of recovery alone, no matter whether they were crossing in a crosswalk or not.
