Determining liability in situations when a driver strikes a pedestrian on foot could be challenging and confusing. It is crucial to work with a skilled Los Angeles pedestrian accident lawyer to obtain as much information as possible to help establish the other party’s obligation.
The pedestrian will almost always sustain more severe injuries in collisions between cars and pedestrians since the motorist who drives the vehicle is enclosed in a safety cage. People often assume that the driver is at fault because the pedestrian suffered more injuries. There are, however, some situations in which the pedestrian would be responsible for their damages.
Motorist negligence.
A motorist owes a duty of care under the legal doctrine of negligence. A driver needs to drive safely and keep an eye out for people crossing the roadway. A driver is negligent and responsible for the plaintiff’s injuries if they violate the standard of care. If a driver is at fault for an accident, they act negligently. If a driver is found to be at blame, they are obligated to pay the plaintiff for their injuries. It could not only be the driver’s responsibility; it may also be the pedestrian’s fault if they failed to exercise reasonable care.
The act of irresponsibly operating a vehicle is one example of negligence on the driver’s part. Driving unsafely involves speeding, failing to stop at a stop sign, chatting on their phone while driving, being inebriated, and not stopping for pedestrians.
Pedestrian carelessness
A pedestrian may also act carelessly. A pedestrian has a responsibility to exercise caution around other road users. A pedestrian is considered negligent when they fail to use due caution and instead break traffic laws, for instance, by jaywalking. If the driver was careless and struck the pedestrian, they may be held accountable. As a result, the Pedestrian cannot be entitled to any compensation for their injuries. Additionally, how the state determines responsibility may be a factor.
The pedestrian will most probably be at fault if they were to have walked correctly along the zebra crossing or inside the white lines instead of jaywalking. Given that there are no alternative nearby crossings, a sensible pedestrian would have jaywalked. Hence the pedestrian is probably not at fault. It is crucial to remember that occasionally breaching the law does not render a pedestrian negligent in situations with a pedestrian and a road accident. Sometimes, a pedestrian might be careless without even breaking the law or jaywalking.
