Pedestrians tend to suffer more losses in car accidents than drivers do. This does not mean, however, that pedestrians can’t be held responsible for car accidents. There are some instances in which inappropriate pedestrian behavior can result in substantial roadway losses.
If you want to take legal action against a pedestrian in civil court, you can. To begin your case, you need to bring forward evidence that indicates that a pedestrian bears responsibility for the accident. A California personal injury attorney can initiate your case for you.
Pedestrians’ Duty of Care in California
Pedestrians must uphold a duty of care that is similar to that which drivers must. California Vehicle Code Section 21950 requires all pedestrians to behave reasonably, meaning that they must:
- Remain on the curb and warn other drivers as to when they intend to move into the street
- Keep the flow of traffic moving
- Avoid running or walking into the path of a moving vehicle
- Remain within marked crosswalks unless otherwise impossible
Pedestrians who do not uphold their duty of care can be held liable for their own losses as well as other injured parties’ damages. However, all parties who wish to take legal action against a pedestrian must first indicate that said pedestrian engaged in one of the aforementioned or related behaviors.
Proving Pedestrian Liability in Personal Injury Cases
If you want to prove that a pedestrian’s inappropriate behavior resulted in both their own injuries and yours, you need to follow the evidence. Our team can investigate the scene of your accident and bring together the means to prove your position before a county clerk.
Viable forms of evidence that you can use to indicate a pedestrian’s liability include:
- Video or photo footage of the accident
- Physical evidence, including skid marks or roadway damage
- Details of your own injuries presented by expert witnesses
- Bystander testimony
You can also rely on area police to prove pedestrian negligence. If officers believe a pedestrian engaged in illegal activity at the time of your accident, you can use their accident reports in court. A pedestrian’s criminal conviction qualifies as proof of negligence if you want to pursue accident compensation in civil court.
Requesting Compensation for Pedestrian-Caused Injuries
Once you’ve filed a personal injury complaint, it’s up to a county clerk to determine whether or not your case moves forward. Only once you’ve received an update from your local civil court can you approach the named pedestrian for either negotiations or a trial.
Accident negotiations allow you to exercise more control over settlement negotiations. These negotiations tend to take less time than traditional trials. That said, they may require you to compromise when requesting support for your losses.
Personal injury trials, comparatively, put your right to compensation in the hands of a judge and jury. While California’s comparative negligence statutes allow you to pursue compensation regardless of your role in an accident, the defendant named in your complaint may use this statute to argue that you don’t deserve as much compensation as you believe.
Discuss Your Personal Injury Accident With an Attorney
For more information about the civil action available to you after an accident involving a pedestrian, you can contact a California personal injury attorney. The team with Setareh Law is committed to providing you with the comprehensive legal representation that you deserve in and out of court.
Our team speaks both English and Spanish to better serve California’s residents. You can contact us to schedule a consultation today. Call us at (310) 659-1826 or fill out our contact form.