Pedestrian accidents in California are a common occurrence and can result in severe injuries and financial burdens. To recover compensation for injuries and damages suffered in a pedestrian accident, it is necessary to establish fault on the part of the driver. Proving fault in a pedestrian accident case can be a complex and challenging process, and it is essential to understand the law and gather evidence to establish liability.
Understanding the Law
California has several laws governing pedestrian right-of-way and vehicle operators’ duty of care. Pedestrians have the right-of-way at intersections and crosswalks, whether they are marked or unmarked. Vehicle operators must exercise reasonable care when driving on the roads, including keeping an eye out for pedestrians and following traffic signals and signs. In California, the comparative negligence rule applies in personal injury cases, including pedestrian accidents. This means that the damages awarded to the injured pedestrian will be reduced by their percentage of fault in the accident.
To prove fault in a pedestrian accident case, it is necessary to gather as much evidence as possible. This may include eyewitness testimony, police reports, video surveillance footage, medical records and reports, and expert opinions on accident reconstruction. Eyewitness testimony can be a valuable source of information in establishing the facts of the accident. Police reports often contain critical information about the accident, including the identities of the parties involved, witness statements, and any citations issued. Video surveillance footage can provide clear evidence of the accident and help establish fault. Medical records and reports can document the extent of the pedestrian’s injuries, while expert opinions on accident reconstruction can provide insight into how the accident occurred.
To establish liability in a pedestrian accident case, it is essential to prove negligence on the part of the driver. Negligence consists of a duty of care owed to the pedestrian, a breach of that duty, causation, and damages. Duty of care refers to the legal obligation of the driver to exercise reasonable care and caution when driving on the roads. Breach of duty occurs when the driver fails to exercise this duty of care, such as by failing to stop at a stop sign or red light. Causation means that the driver’s breach of duty caused the accident and the resulting injuries. Damages refer to the injuries and losses suffered by the pedestrian, such as medical expenses, lost wages, and pain and suffering.
In addition to the driver, other responsible parties may include the vehicle owner and government entities responsible for road design and maintenance.
Presenting the Case
Once liability has been established, the next step is to present the case. This may involve negotiating with insurance companies, or preparing for trial and presenting evidence to a jury. Insurance companies may offer a settlement to the injured pedestrian, and having a Pasadena personal injury attorney on your side can ensure that the settlement offer is fair and just. If a settlement cannot be reached, the case may go to trial. Preparing for trial involves gathering and organizing evidence, hiring expert witnesses, and preparing witnesses for testimony. At trial, evidence is presented to a jury to prove fault and damages. This evidence may include eyewitness testimony, police reports, video surveillance footage, medical records and reports, and expert opinions on accident reconstruction.
As a Pasadena Law Firm, we have extensive experience representing clients in pedestrian accident cases and can help you recover the compensation you deserve. We offer a free consultation to discuss your case and answer any questions you may have. If you decide to work with us, we will work tirelessly to investigate the accident, gather evidence, and establish liability. Our goal is to help you recover the compensation you need to move forward with your life.
Our Pasadena lawyers have the skills, knowledge, and resources needed to navigate the legal process and help you recover the compensation you need to move forward with your life.
If you have been involved in a pedestrian accident, it is important to act quickly. Evidence can disappear, and witnesses can forget details over time. Contact Grigoryan Blum & Grigoryan, a Pasadena law firm, today to schedule a free consultation. We will review the details of your case and provide you with a clear understanding of your legal rights and options. If you decide to work with us, we will fight tirelessly to protect your rights and help you recover the compensation you deserve.
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