San Rafael Pedestrian Accident Attorneys

• The pedestrian was distracted
• The pedestrian did not use a dedicated crosswalk
• The pedestrian walked in front of the vehicle
• The pedestrian was under the influence of drugs and alcohol
• The pedestrian did not walk at a crosswalk when the “walk” light was on

Even if the pedestrian did not do anything wrong, at-fault drivers and their insurance companies frequently try to use these types of arguments to avoid liability. However, our experienced personal injury attorneys can study video surveillance footage, consult accident reconstruction experts, and locate eyewitnesses to protect your rights and prove your claim.

Liability in California Pedestrian Accidents

Pedestrians in California have the right-of-way in marked crosswalks and at unmarked crosswalks at intersections. Drivers must yield to pedestrians in these situations, slowing down or stopping when necessary to allow them to cross safely. However, the law also requires pedestrians to take reasonable precautions for their own safety. Pedestrians must not step into the path of a vehicle if it is so close that the driver would not have enough time to stop. If a pedestrian darts into traffic or crosses outside a designated crosswalk in a way that creates a hazardous situation, the pedestrian may be deemed partially or fully liable for the accident.

Both drivers and pedestrians have specific obligations to reduce the risk of accidents. Drivers are responsible for abiding by speed limits, remaining attentive, and respecting pedestrian right-of-way. On the other hand, pedestrians must obey traffic signals, use crosswalks, and avoid behaviors such as jaywalking or crossing against a signal. If a pedestrian acts negligently, such as walking while distracted by a phone or ignoring traffic control devices, and this behavior contributes to an accident, it may impact their ability to pursue a claim or what they can expect to recover.

Comparative Negligence and Its Impact on California Pedestrian Accident Claims

California uses the doctrine of comparative negligence to determine how compensation in accident claims is handled. This means that a person’s award in a case can be reduced if that person is said to have shared fault for the accident. 

If a pedestrian is crossing the street when it isn’t appropriate to do so, he or she might be assigned a certain percentage of the blame by a judge or jury. For example, if a pedestrian is found to be 40 percent at fault for the accident, a successful claim for compensation would be reduced by 40 percent. The defendant in the case would be responsible for 60 percent of the damages caused by the accident.

What Damages Are Available in a California Pedestrian Accident Claim?

In California, economic and non-economic damages are generally available to pedestrian accident victims. The damages you can recover in your claim will depend on the severity of your injuries, your prognosis, the amount of income you lost because of the incident, and the insurance coverages and other sources of recovery available.

You may be entitled to receive compensation for your:

• Medical expenses incurred
• Future medical treatments
• Lost past and future wages
• Pain and suffering
• Losses resulting from a permanent disability