Accidents happen every day, and with roads as busy as they are, you need to have your guard up at all times. Drivers need to share the road with bicycles, motorcycles and trucks, and everyone owes a duty of care to other travelers on the road – even pedestrians.
If you hit a pedestrian while driving, you may automatically assume that you are at fault. This isn’t the case. All travelers that share the road have their own set of rules and regulations to abide by, and pedestrians are no different. At The Accident Network Law Group, we’ve seen many cases where cars hit pedestrians, but the pedestrian was at least partially at fault for what occurred.
No matter what your situation is, it may be best to contact a car accident lawyer to help sort through your accident and injuries and to see if there’s a claim you can make to get the compensation you deserve. Never assume that you’re at fault after getting into an accident, especially if you hit a pedestrian. Contact a car accident lawyer immediately after your accident to understand your rights and the options you can take to protect yourself.
How Can I Determine Who’s At Fault After A Pedestrian Accident?
Determining fault in any accident is never a simple task. There are so many factors that contribute to car accidents, and often the negligence falls on more than one party. At The Accident Network Law Group, our lawyers see partial-fault car and pedestrian accidents all the time, and it’s never safe to assume one party is automatically entirely liable.
Determining fault involves studying the circumstances of the accident and the actions of, in this case, the driver and the pedestrian. Jaywalking is the act of crossing a street illegally, for example by walking outside marked crosswalks. So, for example, if a pedestrian was jaywalking in the middle of the street and you struck them with your car on accident, the pedestrian may hold at least a portion of the liability because they were not following the rules in place for safely traveling on foot, therefore putting you as the driver in danger.
However, in this case, if the driver of the car was texting while at the wheel, and failed to be aware of their surroundings, causing them to strike the pedestrian, they may be found to share a portion of the fault as well. Fault is often broken up into percentages. The judge might deem the pedestrian to hold 25% of the fault, and the car driver 75%, for example.
Your car accident attorney will study the evidence from the scene of the accident and talk to any witnesses in order to gain a deeper understanding of which party was at fault in your car accident. After doing so, your lawyer will present a strong personal injury case before the judge, demonstrating the negligence of the other party and asserting your right to compensation after the accident. If you hit a pedestrian while driving, never assume fault at the scene of the accident. Always contact a lawyer to study the evidence first.
Am I Still Entitled To Compensation If I’m Partly At Fault In A Car Accident?
Even if you hit a pedestrian while driving, you have the right to seek compensation. If you have been injured after the car accident or your property was damaged, you can work with a lawyer to demonstrate your need for a settlement that covers at least a portion of the expenses you incurred after hitting the pedestrian with your car. Especially if it can be proven that you’re only partially at fault.
If it is determined that the accident was partially your fault, you may still be able to be compensated. The amount of money car accidents settle for may vary depending on the amount of property and personal damage caused. Generally, sustaining serious injuries, for example, can net you more compensation than sustaining a minor injury.
When you team up with a lawyer, you can seek compensation for medical bills. Car accidents of any kind can cause innocent victims to suffer debilitating injuries, leaving them with medical bills they don’t know how to pay. While nursing these injuries, victims often must miss time at work, making it even harder to bounce back from the accident. Your lawyer will fight for your right to lost wage compensation to ease the financial burden of the accident on you. In especially traumatic cases, pain and suffering damages can be awarded to victims whose mental health have been affected by the accident.
The only way to know if you are eligible to receive a settlement after your car accident is to contact a car accident attorney in California and schedule a consultation. Without teaming up with a lawyer who’s knowledgeable about California car accident law, you may be at a disadvantage in court.
Talk To A Lawyer Right Away If You Hit A Pedestrian While Driving
If you hit a pedestrian while driving, you might assume you will immediately be held liable. It’s important to remember that this isn’t always the case. Pedestrians owe a duty of care to others on the road as well, and there are many cases in which pedestrians are held partially at fault after car accidents as they failed to operate within the rules and regulations set in place for them.
If you hit a pedestrian with your car in the state of California, call a lawyer as soon as possible. At The Accident Network Law Group, our team of car accident attorneys are dedicated to helping accident victims get their lives back on track after an accident. We’ll help you defend yourself after striking a pedestrian, and will tell your side of the story in court so you have a fighting chance at compensation.
Schedule a free, no-obligation consultation with The Accident Network Law Group today. We have law offices in Costa Mesa and Riverside, and are here to help any California car accident victim seeking compensation after a car crash.