Pedestrians who are struck by vehicles are likely to be injured in the accident. Determining who is liable for the accident is necessary if the pedestrian is planning on seeking compensation for the injuries he or she suffered. There are several points that must be present if the pedestrian is going to try to get compensation for the accident.
Establishing negligence in the accident is one of the points that must be made. To do so, the pedestrian must show that the person from whom he or she is seeking compensation owed them a legal duty, didn't fulfill that duty, caused the accident and harmed the pedestrian. These elements must show that a reasonable person who was in the same situation would have reacted in a different manner than the defendant and that because the defendant didn't take appropriate actions that a reasonable person would have taken the pedestrian suffered harm.
There are different actions by a motorist that can contribute to a pedestrian accident. Distracted driving, for example, might mean that the driver didn't exercise the care necessary while driving. Speeding, driving drunk and failing to yield to pedestrians in crosswalks are other actions that might lead to a pedestrian accident.
In some pedestrian cases, the pedestrian might have some of the liability for the accident. This can complicate claims for compensation because California uses the concept of comparative negligence, which means that personal injury claims can be affected if the plaintiff's action contributed to the accident. When the plaintiff holds some of the liability, any award may be reduced by the percentage of the liability the plaintiff holds. Understanding how this can affect your case is crucial if you are partly to blame for the accident.
Source: FindLaw, "Pedestrian Accidents Overview," accessed June 10, 2016