You Can Obtain Damages For A Pedestrian Accident
Every year in the United States, thousands of pedestrians are killed in pedestrian accidents. Many more are injured, but not killed, in pedestrian accidents.
By going over what a pedestrian accident is and speaking with a Redding, CA, pedestrian accident injury attorney, you will be able to obtain damages for the accident you experienced.
What Is A Pedestrian Accident?
A pedestrian accident is an accident that involves a pedestrian.
Just as an example, if a pedestrian is hit by a car while crossing the street, then this would be, and is, a pedestrian accident.
The same is true if, say, a pedestrian was on a sidewalk and hit by a car that skidded onto that sidewalk.
Why Are Pedestrian Accidents Slightly More Complicated Than Other Accidents?
A pedestrian has the right of way in most cases.
Given the above, if a pedestrian is crossing the street, and a car hits them, then there is a strong chance that they had the right of way. And, for this reason, they can obtain damages from the driver.
Even though this is true, there are several instances in which a pedestrian does not have the right of way:
- If a pedestrian is intoxicated and they walk into traffic, then they may not have the right of way in that particular situation.
- If a pedestrian crosses the street when there is a green light, then they may not have the right of way in that particular situation.
- If a pedestrian does not go across a crosswalk and instead chooses to cross at another section in the middle of the road, they may not have the right of way.
Even though the facts outlined above complicate things, a pedestrian will still, in most cases, have the right of way.
Given the above, if you, as a pedestrian, were hit by a car, there is a very strong chance that you can obtain damages for the injuries you received.
How Is Liability Determined In A Pedestrian Accident?
A variety of factors determine liability in a pedestrian accident. But, out of all these factors, the three most notable are as follows:
- If a driver owed a pedestrian a duty of care, then that driver is liable for the accident.
- If a driver violated their duty of care due to their own negligence, then that driver is liable for the accident.
- If a driver’s negligence led to a pedestrian being injured, then that driver is liable for the accident.
The above will be assessed and determined. And, if it is found that a driver owed a pedestrian a duty of care due to their own negligence – a good example of this is a driver who crossed a red light, without looking – then they will almost certainly be found liable for the accident that occured.
Other factors can and may affect the accident. But, the three factors outlined above, if present, almost always guarantee that a pedestrian will be able to obtain damages from the driver whose actions led to their injury.
Speak With A Northern California Personal Injury Attorney Today
If you were injured in a pedestrian accident, you can, and should, obtain damages. Speak with a Northern California personal injury attorney at Maire & Deedon today, and we will help you do so.