While there is so much to love about living in California, it is a sad fact that California frequently leads the nation in annual pedestrian deaths. In some years, as much as 23% of all California’s motor vehicle deaths were suffered by pedestrians.
As such, it is more than understandable if you are a pedestrian accident victim or surviving loved one with important legal questions. Our team at The Ledger Law Firm is here to answer any and all questions you have, starting with this FAQ.
Q: Are pedestrians owed a special duty of care by California drivers?
A: It is accurate to say that California drivers owe a greater duty of care to pedestrians than pedestrians owe drivers. This is attributable to the fact that drivers are far more capable of inflicting harm and bodily injury than a pedestrian.
That said, pedestrians are still required to exercise ordinary care as a pedestrian, but drivers are required to have sufficient control of their vehicle such that pedestrian accidents and injuries can be avoided altogether.
Q: What legal duties does a pedestrian have?
A: Generally, pedestrians simply have the duty to obey traffic signs and signals while making reasonably careful observations and walking decisions prior to entering streets.
Q: Based on pedestrian duties, it seems I may have been partly at fault. Do I still have a legal claim?
A: Yes, if a motorist was also partly responsible for the accident and your injuries. California personal injury law uses a comparative negligence standard, meaning you can receive compensation for another responsible party’s portion of legal fault.
As such, do not assume you have no legal claim without talking to a Ledger Law attorney first.
Q: My child was hit by a motorist. What are my legal options?
A: California personal injury law operates much like family law and other legal areas of practice in that the wellbeing of children is of particular importance. To this end, California says that greater care is owed to protect the safety of children.
Since children cannot be expected to use the same care and reasonable behavior as an adult pedestrian, motorists should anticipate that children can be unpredictable pedestrians.
However, a motorist may not be liable if a child enters a street in a way that no driver could possibly have anticipated the action, stopped the vehicle or avoided the accident.
Q: My injuries are too serious to have a consultation with a lawyer. What can I do?
A: The Ledger Law Firm is a nationally recognized personal injury firm that has a built a reputation for putting the needs of victims first. We will come to you for a free initial consultation, whether you are recovering at home or in the hospital.
Our focus is on providing you with the effective counsel needed to receive the compensation you deserve while you focus on recovering and spending time with loved ones.
Q: What compensation can Ledger Law help me recover?
We will fight for your right to receive all applicable damages and compensation after we have conducted a thorough investigation of the accident. This includes current and future medical costs, compensation for lost wages, as well as past and future pain and suffering.
If a loved one passed away, California survivors can file a wrongful death claim to receive the justice and compensation that is owed. Most legal questions are complex, so do not hesitate to reach out to a Ledger Law personal injury attorney if you have any other questions or concerns after a California pedestrian accident.
