Injured? call for a free consultation
English (877) 278-6890
ESPAÑOL (800) 448-3441
Tagalog (888) 909-0900

Injured? our attorneys can help you.

Is the pedestrian never at fault in an accident?

Excellent Service. Positive Reputation. Great Results. The insurance companies don't have your best interest at heart – We do. Why fight alone? Let's fight together.

Is the pedestrian never at fault in an accident?

| Oct 16, 2019 | Uncategorized |

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.

Recent Personal Injury Articles

Read More Articles

John C. Ye - Managing Partner

Serving diverse people who have been injured in Los Angeles and Throughout Southern California

At Law Offices of John C. Ye, A Professional Law Corporation, our attorneys work with a diverse population of people who have been injured and need to seek damages from the responsible parties.

Our Los Angeles car accident lawyers accommodate our diverse clientele by providing staff members who speak English, Spanish, Tagalog and Korean.

We will cater to your needs,  so your concerns will be heard and understood. We will help you get through this.
Contact John Ye
John C. Ye Personal Injury lawyer

serious injuries deserve a serious lawyer

We Fight The Insurance Companies, So YOU Don't Have To. No Fees Unless We Recover Damages For You.

We will help you identify all potentially liable parties and fight for the compensation you deserve to pay for medical care, along with compensation for your lost income, emotional distress, and other damages.

Request a case review
best reviews criminal defense

We Have Over 600+ Google Reviews with an Overall Rating of 4.9

Read More Reviews