By: In a land known for it’s car culture, a little known and somewhat surprising fact is that California led the nation in pedestrian deaths in 2013 and 2014. About 700 people died in the state in pedestrian accidents each year.
The sad fact is that pedestrians and vehicles don’t always mix together very well. And as you can guess, pedestrians pretty much always wind up on the short end of the stick when facing off against cars.
Whether it’s a case of a distracted driver, someone driving above the speed limit, someone failing to yield for a pedestrian at a crosswalk, or any other number of situations; when a person is hit by a car, there’s a good chance that they may be able to seek compensation for their injuries. And in cases where a pedestrian is killed due to the negligence of another person, family members can also pursue damages with a pedestrian accidents attorney in Santa Ana.
The Concept of Comparative Negligence
An attorney who has experience with pedestrian accidents must prove some degree of negligence existed by the driver in order to collect damages for the victim.
However, in some cases, both the pedestrian and the driver will be found at fault. When this happens, the legal concept of comparative negligence comes into play – which creates a situation of comparative negligence. Under California law, this means an insurance company can affix certain percentages of blame on each party, which will have a direct impact on how much of a settlement a pedestrian may ultimately receive.
In attempting to discredit the victim, an opposing attorney may claim that the pedestrian was solely at fault for the accident. This may be because they crossed a road late at night with poor lighting or without looking, or that they wore dark clothing that made them difficult to see. Sometimes, if a person is out bar hopping late at night, an attorney may also make the claim that alcohol caused them to be careless in stepping off a curb and into traffic.
Roberts Law Firm serves clients in the California cities of Newport Beach, Orange, Santa Ana, Irvine, Anaheim, and Riverside as well as serving clients throughout Los Angeles, Orange, and Riverside counties.