Pedestrian Accidents – What Happens if You Hit a Pedestrian Jaywalking
As a Group of Los Angeles pedestrian accident lawyers, we see pedestrian accidents happen regularly. Los Angeles is one of the busiest cities in the United States. Not only is it filled with tourists that visit from all over to see some of our great sites, but it also has many business professionals that walk to and from work. As a driver it is important that you are completely aware of your surroundings. Although pedestrians should use a crosswalk when walking, it doesn’t always happen. As a driver you can’t trust pedestrians to always follow the rules of the road. But, not only do pedestrians not always follow the laws, drivers don’t always exercise proper caution.
If you accidentally hit a pedestrian while driving in California, you will likely be considered at fault, regardless of how the accident occurred. A pedestrian could be jaywalking, or even just step out in front of your car at the last minute. The pedestrian could, and likely will file a claim against the driver. However there are some circumstances that a pedestrian may absorb some liability for their actions.
First Steps After Hitting a Pedestrian While Driving
If you have hit a pedestrian while driving in your car, you should stop immediately. First, make sure that the pedestrian is ok and not seriously injured. Next, you should call the police and report the incident immediately. While filing the police report, be careful what you say. Do not admit fault if you think the pedestrian could be at fault for the accident. Lastly, if you see anyone nearby that may have seen the accident, make sure you ask for their information. it is imperative to have witness statements to confirm what they saw. This may help you avoid being held liable for the pedestrian accident.
Contact an Experienced Pedestrian Accident Lawyer
If you have been in a Los Angeles pedestrian accident, it is important to contact an experienced pedestrian accident lawyer. They can help you evaluate the case and the evidence that you may have. In California, the pedestrian has a right to seek compensation for any damages resulting from the drivers negligence. This can include property loss, medical expenses, lost income, pain and suffering, etc. However, California also has a pure comparative negligence law. This may help your case, as a driver in California who has hit a pedestrian jaywalking.
Pure Comparative Negligence Law
Pure comparative negligence, also referred to as comparative fault, states that plaintiffs can still recover something for their injuries. Negligence by the plaintiff does not absolve the defendant of any wrongdoing, but it does reduce the amount that the defendant owes. Comparative negligence law has the jury to look at the actions of both the plaintiff and the defendant to determine how much (in percentage) each party was responsible. Next, the jury will reduce the amount that the defendant has to pay by the percent of the accident the plaintiff was negligent. As long as the defendant is at least 1 percent liable, the plaintiff may collect.
How a Los Angeles Pedestrian Accident Lawyer Can Help With Pure Comparative Negligence Law
There are a few factors that may support your case to fight for pure comparative negligence. If one or more of these factors are true for your pedestrian accident you may be able to use pure comparative negligence law, with the help of a Los Angeles pedestrian accident lawyer.
The Pedestrian’s Behavior.
If the pedestrian you hit tried to cross when it was clearly unsafe to do, you may be able to cite this as signs of comparative negligence. For example, if they pedestrian was jaywalking, they were very difficult to see (no street lights, dark clothing at night, etc), or if the pedestrian suddenly walked in front of you with little to no warning.
The Location of the Pedestrian Accident
If the pedestrian crossed the street outside of designated crosswalks, this is considered jaywalking. This would leave to considerable evidence toward pure comparative negligence.
The Flow of Traffic
Did the pedestrian wait for a crosswalk indicator to let them know it was safe to cross? If the pedestrian did not wait their turn to walk based on local traffic laws and lights, or they stepped into moving traffic intentionally, this is a clear example of comparative negligence.
It’s important to know that every pedestrian accident case is different. Without a Los Angeles pedestrian accident lawyer evaluating your case it is impossible to know if you have a case for comparative negligence.
Contact a Los Angeles Pedestrian Accident Lawyer
If you have hit a pedestrian while jaywalking it is important to contact a Los Angeles pedestrian accident lawyer quickly. You may be eligible to pay less in compensation because of the pure comparative negligence law. The personal injury lawyers at B|B Law Group can help you collect evidence and evaluate your case. Contact us today.
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