April 30, 2020

Can I Recover Compensation for Being Hit by a Car if I Was Walking Against the Light in California?

When it comes to sharing the road in California, both a driver and a pedestrian have certain legal responsibilities. In some pedestrian accidents, the pedestrian can be found partially to blame if he or she is injured in an accident. Walking against a light can be such an example.  Victims who are seriously injured against being hit by a car may still be entitled to recover compensation, however they are likely in for an uphill battle.  This is because insurance adjusters and defense lawyers will do everything they can to prevent you from recovering compensation by trying to maximize your comparative fault.  Ask our Los Angeles pedestrian knockdown lawyer to help protect your rights in this situation.

In the case of car versus a pedestrian, it is a matter of who must yield the right of way in any given situation. If a pedestrian has the green light, he or she has the right of way. But when the vehicle has the green light, the pedestrian is required to yield. If there is no light involved, both driver and pedestrian have a responsibility to use appropriate caution with the driver invariably needing to yield to the pedestrian when at all possible.

When it comes to an accident, it will come down to the matter of who was at fault. Sometimes this is obvious but, in a case, where a pedestrian is partially at fault because of a failure to abide by pedestrian rules, the fault of the accident may shift from driver to pedestrian, at least partially.

It is important to note that, even if a pedestrian does not have the right-of-way and is walking across the light, if the pedestrian is already in the street a motorist coming upon the pedestrian and entering the intersection does not have the right to collide with the pedestrian and still must act reasonably to avoid a collision.

Because California is a comparative negligence state, the pedestrian may be found partially at fault for the accident. Any accident benefits owed to that pedestrian can be reduced by the percentage of that fault. Of course, this can be complicated and may require the aid of a Los Angeles pedestrian knockdown lawyer. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.