Tourists and residents walking on Orange County crosswalks often find themselves in harm’s way. Pedestrians are likely to be twice as severely injured as the occupants of a vehicle in case of a car accident. Pedestrians usually account for over 30% of car accident fatalities in Orange County. Our Orange County Car Accident Attorneys are ready to help injured pedestrians in recovering full compensation for any incurred damages.
The process of recovering damages after an Orange County car/pedestrian accident can be a complex one. ‘Who is at fault?’ is often the biggest question. Fault determination is covered by the law of negligence in that a party that doesn’t exercise reasonable care is considered negligent.
Both the pedestrian and the driver can be at fault in the same car accident scenario. For instance, the driver may be traveling in excess of the indicated speed limit. And, the pedestrian may be crossing the road illegally. If the driver hits the pedestrian, they will both be considered at fault for the car accident.
Determining the fault for a car/pedestrian accident depends on whether the involved parties observed the traffic rules. That is, who exercised the traffic rules and who didn’t? Despite pedestrians having the right of way when crossing a street, some behaviors may be deemed as reckless. Such behaviors include texting while crossing the road and failing to take a look at both ways before crossing the street. As such, the jury may impose a specific level of fault on the pedestrian.
Shared Fault in Car/Pedestrian Accident Cases
Both the pedestrian and the driver can be partially at fault for a car/pedestrian accident. Different states have different rules for shared fault situations which are based on two basic legal concepts, which are contributory negligence and comparative negligence.
The contributory negligence concept works in an all-or-nothing manner. If the pedestrian is found to bear any fault for the accident, no damages will be recovered from the at-fault party.
Pure comparative negligence allows an injured pedestrian to receive compensation from the at-fault party. The pedestrian’s compensation amount will be reduced by a certain percentage that is equal to the pedestrian’s share of fault.
How to Recover Compensation for Car/Pedestrian Accident Injuries
The recovering of compensation by an injured pedestrian mainly depends on who is at fault for the accident. State laws also matter in the determination of compensation. Other factors that determine the type and amount of compensation received by an injured pedestrian include:
- The defendant’s assets
- The insurance of both parties
- The extent of the injuries incurred by the pedestrian
- How much at fault the pedestrian was for the accident
Avoiding Car/Pedestrian Accidents in Orange County
Drivers are better at understanding and practicing ‘defensive driving’. This means that they are fully aware of all the road users around them when driving. Such as people using bicycles, roller-skates and even the people operating wheelchairs. Particular attention should be paid to older adults and young children since they are more likely to stray outside the crosswalks.
Contact Our Orange County Car Accident Attorneys
It is important for an injured pedestrian to seek the advice of our knowledgeable Orange County car accident attorneys. We will strive to have you recover the compensation that you deserve. Call us at 888-539-6950.