At Maison Law, we understand how difficult it can be to face the aftermath of a life-altering pedestrian accident in California. Because pedestrians have no protection from harm in an accident involving any type of vehicle, these accidents can be incredibly traumatic and even fatal. It is crucial that you contact a Delano pedestrian accident lawyer if you need assistance following a pedestrian accident that is not your fault.
California drivers owe pedestrians a duty of care, which means that a driver must always be on the lookout for these vulnerable parties. Though a pedestrian is always supposed to cross the street when it is safest, including walking across the street in a crosswalk, a driver could still be held accountable for a pedestrian accident that occurs outside of a crosswalk.
Understanding Jaywalking Laws in California
California Vehicle Code #21954 states that a pedestrian must always give the right-of-way to approaching vehicles even if they are forced to cross the street outside of a crosswalk because there are none present in the area. However, this does not mean that drivers are relieved of the duty of care that they owe to pedestrians. Both driver and pedestrian, just a driver, or just a pedestrian could be found at fault for an accident depending on the circumstances.
Jaywalking in any situation is a traffic violation that could leave a pedestrian at fault for their own injuries, as well as any damages that they cause to a motorist when an accident results. There are many situations where a pedestrian might engage in this type of behavior, such as the following:
- Choosing to walk in an area without a crosswalk to avoid walking much longer to a safe area
- Attempting to cross the street where there is no intersection, believing it to be safer
- Crossing an intersection near a crosswalk but not inside it
California Comparative Negligence in a Pedestrian Accident
When a pedestrian crosses the street outside of a crosswalk, they are taking a chance and risking their life, as well as the lives of drivers. However, a driver could still be at fault for one of these accidents as well. Take, for example, if a pedestrian was crossing the street in an area without a crosswalk and they were struck by a driver who was driving distracted at the time. Both pedestrian and driver were engaging in negligent acts at the time of the accident and could both be found liable.
When both parties are liable for an accident, this means that comparative negligence was at play. This means that the blame can be split between the pedestrian and the driver based on their percentage of fault. A pedestrian could still be able to claim damages after an accident but their reward could be reduced based on their percentage of fault. There are many reasons why a driver was not providing the standard duty of care to a pedestrian and could still be at fault for an accident, such as the following:
- Speeding
- Engaging in distractions
- Driving while under the influence of drugs or alcohol
- Violating any type of traffic laws
How a Pedestrian Accident Lawyer Can Provide Assistance After an Accident
As you may already know, pedestrian accidents can quickly become complex matters, especially when liability is in question. A lawyer can help with some of the following aspects to lessen the stress that a recovering pedestrian has to endure:
- Fully investigate the accident, from witness statements to police reports
- Gather evidence that can show who was at fault
- Represent you during settlement negotiations with the insurance company
- File a personal injury claim on your behalf if your case makes it to trial
Contact a Delano Pedestrian Accident Lawyer
At Maison Law, we work diligently to ensure that a pedestrian’s rights are always protected after an accident. We understand that pedestrians are sometimes blamed unfairly for an accident and will stand by your side as you navigate the legal system. Contact our Delano Pedestrian Accident Lawyers today for a no-obligation and entirely free case consultation so that you can find out how to fight the insurance company and obtain results. We will help you get back on your feet once more.
