Who is Liable in a Pedestrian Accident in California?
Pedestrian accidents happen far too often in California, particularly around busy city streets and crowded intersections. The reality is that vehicles and people on foot share crowded roads every day, which means even a second of carelessness by a driver or walker can lead to serious incidents and even fatalities. After a pedestrian accident in Roseville, figuring out legal responsibility matters a lot. This affects who pays for your injuries, lost wages, and medical treatment.
How to Determine Who is Responsible in a Pedestrian Accident
Figuring out who is legally responsible in a pedestrian accident is an important step in the process of recovery. Knowing what to look for and collecting the right information can make your Roseville collision claim successful. Here’s how your case is built:
Collecting Evidence
Strong evidence lays the foundation for any claim. This can include photos of the accident scene, damage to vehicles or personal belongings, official police reports, and statements from witnesses. Taking note of injuries, road signs, traffic signals, weather, and nearby cameras can paint a clearer picture of the events as well.
Talking to a Lawyer
A skilled Roseville injury attorney who knows pedestrian accident law in California can offer guidance and handle legal paperwork. Lawyers review evidence, tell you what your rights are, witnesses, and develop a legal strategy based on your circumstances. They’ll handle all conversations with the insurance company to establish fault if the other party is disputing liability.
Negotiating With Insurance Companies
Insurance claims after a pedestrian accident are not always simple. Companies may try to shift blame or undervalue injuries. Having a lawyer is an essential part of this step, and they’ll fight to prove that you aren’t responsible and that you’re entitled to compensation.
Pedestrian accident cases can leave you feeling overwhelmed. Taking the right steps after the accident can help you prove that someone else was responsible for the incident.
Potentially Liable Parties in a Pedestrian Accident
When you’re hurt in a pedestrian accident, figuring out who is responsible can feel overwhelming. The person or group liable for your injuries depends on how the accident happened and the facts of your case, but possible parties include:
The Driver of the Vehicle
In many cases, the driver who struck you is responsible for the accident. Drivers have a legal duty to pay attention, obey speed limits, and yield to pedestrians at crosswalks. If a driver ran a red light, was texting, or violated the law in some other way, they are often held responsible for any injuries.
The Pedestrian
While most people think drivers are usually at fault, sometimes the pedestrian shares some responsibility. If you were crossing against the light or jaywalking, the driver’s insurance company may argue you were at least partially to blame for the incident. If it’s determined that you share responsibility, the compensation you receive will be reduced.
Property and Business Owners
Sometimes dangerous property contributed to the incident. Property owners are responsible for keeping the area outside their home or business safe. If they don’t, and it leads to a pedestrian accident, they may be at fault. For example, if a business placed a sign on the sidewalk clearly blocking your view and made it hard to see traffic, they might be responsible if an accident happens as a result.
Local Government Entities
Areas maintained by the city or another government agency might be unsafe for pedestrians and lead to accidents. Poorly marked crosswalks, broken walk signals, or failing to trim back plants that block views could make a government entity partially responsible for the accident. Claims against the government tend to have shorter filing deadlines, so make sure you speak with a lawyer as soon as possible in these cases.
If you’ve suffered because someone else was negligent, you don’t need to face it on your own. Contact us to schedule a free, no-pressure consultation with our team.