On the streets of Los Angeles, pedestrians are often vulnerable. They risk getting struck by distracted, drunk, or drowsy drivers. However, determining fault in car accidents involving pedestrians is not always clear-cut. With California being a pure comparative negligence state, there are times when pedestrians can be held partially liable for a car accident if they are not using a crosswalk, are intoxicated, or ignoring traffic signals.
If you’ve been injured in a car accident, contact us at Salamati Law. Since 1995, we have successfully taken on some of the most complex, challenging personal injury cases with excellent outcomes. As a result, we have flourished into one of the most trusted personal injury law firms in Los Angeles. Contact us today for a free consultation.
What Pure Comparative Negligence Means
Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. California follows pure comparative negligence, also known as comparative fault. Therefore, the courts must assign a percentage of fault to each party involved in an accident. Unless a driver or pedestrian is 100% at fault for an accident, fault will be shared. Under pure comparative negligence, a plaintiff can be liable for damages if they are 20% at fault for a pedestrian accident, and the driver or defendant is responsible for 80%.
Instances Where a Pedestrian May Be at Fault
Drivers are usually at fault in a pedestrian accident. But this isn’t always the case. Pedestrians can be liable for causing a car accident if they:
- Ignore the traffic signal and cross when the light is red.
- Cross outside of a crosswalk
- Cross the street while intoxicated
- Fail to look before crossing the street
- Walk in places where pedestrians are prohibited
As noted above, however, there are pedestrian accidents where the fault may be apportioned to both parties. This is why you need an experienced Los Angeles car accident lawyer to help you navigate California’s complicated legal code and protect your interests. At Salamati Law, we have extensive experience dealing with personal injury cases, including pedestrian accidents.
Why Legal Representation Matters
Although being partially at fault does not necessarily bar you from seeking compensation, it can impact the amount you recover. Always seek legal advice from an experienced injury attorney in Los Angeles who can protect your rights and ensure that you don’t compromise your chances of receiving a fair settlement. In addition, a Los Angeles car accident lawyer can help negotiate with the other party’s insurance company and seek damages for your injuries, such as medical expenses and lost wages.
Contact Us for a Free Consultation
In sum, California is a pure comparative fault jurisdiction. If you’ve been injured as a pedestrian due to the negligence of a motorist, make sure you contact us as soon as possible. We’ll fight for your rights to a fair settlement. We have one goal in mind–to help those who were harmed through no fault of their own and ensure justice was served. Contact us today at Salamati Law for a free consultation. We work on a contingency basis, so there are no upfront legal fees.