Yes. Motorists in Redding can be held liable for pedestrian accidents, even if the victim wasn’t crossing the street in a crosswalk. Victims can seek help with medical bills and their lost wages while they must miss work.
Generally, California doesn’t consider “jaywalking” (crossing the street outside a crosswalk) an offense anymore. The law’s been changed so that pedestrians are okay crossing the street almost anywhere. They won’t be cited unless they create an immediate danger.
Drivers can be held responsible for striking pedestrians in most situations and would have to provide partial or full compensation after a collision.
Car insurance companies may try to pin the blame on those on foot, but a skilled attorney can help push back on unfair insurance tactics. Maison Law of Redding offers a free, confidential consultation. It’s a way to find out how to protect your innocence and, in many cases, get the chance to earn more for your claim.
Who Is Responsible for a Pedestrian Accident That Happens Outside a Crosswalk?
California drivers are held to a higher legal standard in pedestrian accident cases. It’s an extra protection for those on foot because they are so defenseless when forced to cross the street in front of heavy, fast-moving vehicles.
Drivers have the responsibility to do everything possible to avoid pedestrians, no matter where they encounter them.
The duty is laid out in California’s Vehicle Codes.
CVC 21950 “ (c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”
This “care” could be necessary while someone is jogging and cuts across the Gage Avenue in the middle of the block. It might be necessary for a mother and child crossing in the middle of the lane on Alta Mesa Drive. This extra caution or minor inconvenience is always well worth it if it saves a precious life.
When drivers who don’t show this basic care can be held liable. Don’t let an insurance company try to talk you out of filing a claim. You should have everything you need to heal and rebuild your life.
What If I’m Found Partly to Blame in My Accident?
If a pedestrian is assigned all of the blame by a judge or jury, the victim probably can’t ask the driver involved for recovery support. However, if a pedestrian is only found partially at-fault, a driver involved could be found responsible for a portion of the accident, and victims can seek damages. The blame can be split, and the liability for injury costs can also be divided.
In California, fault can be split between drivers and pedestrians under the legal concept of “comparative negligence.” It means that both parties would be assigned a percentage of the blame, depending on their levels of fault.
A judge might pin 25% of the blame for an accident on the pedestrian for stepping out into traffic when approaching traffic was too close. The judge might also hit the driver with 75% of the fault for not doing enough to spot a pedestrian entering the street and taking action to avoid an impact.
In this example scenario, the pedestrian might be awarded $20,000 in a judgment, but would only take home $15,000 due to their 25% of liability being subtracted.
The good news is that even pedestrians found partially at fault can demand substantial help with recovery costs. The other good news is that pedestrians with legal representation could count on their Maison Law attorney to fight to get any percentage of blame lowered and ideally to shift all blame to a careless driver.
What Types of Things Will Be Compensated in a Pedestrian Accident Settlement?
Holding an at-fault driver accountable will be key for victims to get the support they need to get back on their feet. They should have the money to afford the best medical care and physical therapy to restore mobility and flexibility after an injury.
An experienced Redding pedestrian accident lawyer would demand support for the hardships the victim endured:
- Medical bills–The bills already sent to your mailbox and the cost of any care you’re expected to need in the years to come.
- Permanent disability or disfigurement — Money for the long-term physical therapy and medical equipment needed. Compensation for career training if you can’t go back to your old job. House renovations. Plastic surgery costs to restore your appearance.
- Wrongful Death – After the tragic fatal pedestrian collision, the family should receive support for funeral and burial costs. The guidance and income the deceased can no longer provide in the coming years must also factor into a settlement check for loved ones.
- Physical pain and emotional trauma – Enduring extreme pain after an injury factors into compensation. Emotional trauma in the crash or in recovery also must be considered when negotiating a personal injury settlement with insurance companies.
- Loss of income — The wages you’ve given up by having to miss work hours over your injuries.
- Travel costs — The expense of travel to see doctors and specialists. The added cost if you are temporarily off your feet and require shuttle service for medical care.
Contact a Pedestrian Accident Lawyer Serving Redding Victims
If your pedestrian accident only involves minor bruises or scratches, you may not need a lawyer for your case. But if your injuries are more serious, like a broken bone or a brain injury, the stakes will be higher. Allowing a Redding pedestrian accident attorney may earn you more to pay your bills and rebuild your life. It’s also a protection when insurance adjusters want to stick you with the blame.
Contact Maison Law to make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free case evaluation to all bicycle accident victims and their families.
And if you end up needing our help to get fair treatment from an insurer, you don’t have to worry about how you’ll afford a lawyer. Maison Law doesn’t get paid unless we win your case. Then our fee comes out of the pedestrian accident settlement that a car insurance company must give you.
