Is the pedestrian never at fault in an accident?
In car accident law, fault is always at the heart of the issue. In pedestrian-involved accidents, there is a misconception that the driver is always at fault. In a lot of cases, the driver shoulders most of the blame. California, however, is a comparative negligence state. This means that if both parties made a mistake, they may both be liable for the injuries of the other person. Pedestrians are not always one hundred percent faultless and the law reflects that.
According to the National Law Review, a motorcycle accident in 2016 demonstrated the comparative negligence law. In this accident, a motorcyclist practiced lane splitting whereas another motorist didn’t signal a change of lanes, resulting in an accident. The jury found the plaintiff partially responsible for the accident and while he received an award, the jury cut his reward by the percentage of his fault.
Comparative negligence applies to all vehicular accidents. It can involve to motorists or a motorist and a pedestrian. Say that a pedestrian jumps out in front of a car before that vehicle can stop. In that case, the pedestrian may suffer a large percentage of the blame.
Pedestrian and vehicular accidents tend to leave more injuries to the pedestrian than to the car. Drivers should have their eyes on the road and practice preparation and care in terms of pedestrians. However, when it comes to trial, drivers will often try to prove the pedestrian was also negligent. Like the motorcyclist, pedestrians may expect similar solutions.
The intention behind this information is to educate. There is no intent to provide legal advice.