San Diego pedestrians have legal protection in traffic. Provided that they follow the law, they have the right to cross the road or even share the street with motor vehicles. Especially when crossing a busy road, adherence to the law is critical for the preservation of the pedestrian’s rights.
In some cases, drivers who hit pedestrians may try to blame them for a crash that has occurred. In those scenarios, injured pedestrians likely need legal assistance, as pure comparative negligence rules in California can impact a compensation claim.
What is comparative negligence?
California is a pure comparative negligence state. The law allows those hurt by the misconduct of others to file a lawsuit seeking damages even when they are partially at fault. If the defendant named in the lawsuit blames the pedestrian for the crash, they must provide evidence to support their claim.
The courts can then allocate a percentage of fault to the driver and the pedestrian. Even if the pedestrian is 99% at fault for the crash, they can potentially hold the driver accountable for 1% of their total damages. If a pedestrian crossed in the middle of the road instead of at a crosswalk or failed to follow traffic lights, they may be partially responsible for a crash. Thankfully, they can still take legal action against the driver who hit them.
How can pedestrians assert their rights?
There are several steps that make it easier for pedestrians to assert their legal rights after a crash. First and foremost, documenting the scene of the crash, gathering contact information from witnesses and securing license and insurance information from the driver at fault are important steps to take.
Pedestrians also generally need to undergo a professional medical evaluation to diagnose their injuries. From there, they may want to consult with a personal injury attorney. A lawyer can evaluate the evidence they have obtained, including witness statements and photographs of the traffic signals where they crossed.
A lawyer can handle an insurance claim or can manage the paperwork necessary to file a personal injury lawsuit against the driver. They can also help respond to claims of comparative negligence to minimize the allocation of fault for the pedestrian injured by the crash.
Learning more about the rules that govern motor vehicle crash compensation claims can help those injured in traffic assert themselves. People who know what steps to take after a San Diego pedestrian crash can use that information to protect themselves legally and financially.