Who Causes Pedestrian Accidents?

In most cases, driver or pedestrian error causes these accidents. Human error causes over 90 percent of the vehicle collisions in SoCal. If the driver substantially caused the crash, the pedestrian may be entitled to compensation.

There’s a difference between a substantial cause and a contributing cause. For example, bad weather, such as rain, doesn’t usually substantially cause crashes. Many people drive in the rain without incident. Instead, bad weather is a contributing cause, at least in most cases.

Compensation in a pedestrian injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. A San Marcos personal injury lawyer can obtain additional punitive damages as well, in some extreme cases.

Kinds of Driver Error

The duty of care requires drivers to avoid hitting pedestrians if possible. Major breaches of the duty of care that could lead to compensation include:

• Operator Impairment: Excessive alcohol and/or drug use may be the most common kind of operator impairment in California. Usually, drivers are impaired after the first sip, puff, or pill. Other symptoms of driver impairment include excessive fatigue (which has roughly the same effect on the body and brain as alcohol), driver distraction, and a dangerous medical condition that either impairs regular driving ability or causes drivers to pass out behind the wheel.
• Aggressive Driving: Most people regularly drive impaired and most people regularly drive aggressively. Examples include turning unsafely, ignoring a traffic control device, and above all, excessive speed. Excessive velocity multiplies the risk of a car crash and the force in a vehicle collision.

These kinds of driver error are not “accidents.” People accidentally lose their wallets. They don’t accidentally get behind the wheel when they’re too sleepy to drive or mash the accelerator too hard. As a result, a simple “you break it, you buy it” responsibility principle applies in these situations.

Most driver error crash cases settle out of court. Therefore, victims receive their checks earlier than they would otherwise.

Comparative Fault and Pedestrian Accidents

Some pedestrians are innocent victims in reckless driving crashes. However, most pedestrians may be at least partially responsible for a pedestrian accident.

The aforementioned duty of care also applies to pedestrians. They have a duty to stop and look both ways before crossing the street and keep looking for cars as they walk. Pedestrians violate this duty of care when they:

• Cross outside a permanent or virtual crosswalk (temporary crosswalks that pedestrians push buttons to activate),
• Do not stop and look both ways,
• Cross against the light,
• Fail to be mindful of cars as they cross, or
• Do not cross with the light.

We mentioned the difference between a substantial and contributing cause above. Usually, pedestrian error is a contributing cause, not a substantial cause.

In some states, any contributory negligence torpedoes a damage claim. But California is a pure comparative fault state. Even if the tortfeasor is only 1 percent responsible for the wreck, the victim is still entitled to a proportionate share of compensation.

Work With a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

crashstats.nhtsa.dot.gov/Api/Public/Publication/812506