Pedestrian accidents in California can happen for various reasons. They can happen because the driver or the pedestrian was distracted. Both drivers and pedestrians could fail to yield the right-of-way, be intoxicated or be visually impaired.
Pedestrian accident injuries
The two groups with the highest risk of dying in car accidents involving pedestrians are adults over 65 and children under 5. The most common injuries include bone fractures, internal organ damage, spinal cord injury and dental injuries. Pedestrians don’t have the safety of a vehicle or safety equipment to protect them from the impact of an automobile, so the injuries sustained by pedestrians in car accidents are often severe.
Determining fault
The pedestrian, the driver or both may be at fault in pedestrian car accidents. If the automobile involved in the crash had a mechanical problem, the manufacturer could be to blame. In some cases, a government entity responsible for maintaining the roads could bear some liability if poor road design, inadequate maintenance or lack of proper signage led to an accident.
The compensation injured victims receive can be impacted by the state’s rules on contributory negligence when multiple parties are at fault. Even if the pedestrian had some responsibility in the crash, they might still have a case against the distracted driver who harmed them.
To receive compensation in a pedestrian case, an individual must show that there are legal grounds for holding the defendant accountable. This includes establishing the defendant’s duty to the pedestrian and proving that the defendant breached that duty. The pedestrian would also need to demonstrate that the incident was a result of the breached duty and provide evidence of their injuries to support their claim for compensation.
Proving fault in pedestrian accident cases can be challenging. However, security camera footage, witness statements and police reports can be beneficial in helping an injured pedestrian establish fault.