In a car-pedestrian collision, authorities must investigate the incident and determine who is to blame for the crash. Some might think the car is always at fault because pedestrians usually have the right of way. Although, it might only be accurate based on the collision’s circumstances.
Authorities can approach a pedestrian accident in various ways based on what happened leading up to the collision. These details can determine if the blame is on the pedestrian, the car’s driver or both. The investigation’s findings can also implicate other parties, such as the car’s manufacturer if a defect contributed to the crash or the government if the road’s poor design caused the accident.
Complicated cases might allocate fault to multiple parties in percentages. In these situations, they can use the following negligence rules to sort out how much compensation the victims can receive:
- Contributory: Victims might not receive compensation if they are partly to blame for the incident. This rule applies even if their share of fault is only 1%.
- Comparative: Victims could receive compensation despite contributing to the crash, depending on their percentage of fault.
California uses comparative negligence rules for this accident type. This means the pedestrian can be at fault and still recover compensation for their damages proportionate to their contribution to the incident.
Proper Investigation Is Vital In Pedestrian Accidents
In any traffic collision, it is crucial to understand what caused the accident. By doing so, parties can determine who is to blame, allowing them to calculate percentages of fault based on whether the car’s driver ran a red light or the pedestrian jaywalked. This information can help victims understand their options to pursue compensation.
about
Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
Frequently Asked Questions
Getting started is easy. If you’ve been injured in a workplace accident, car accident, construction accident, slip and fall, or another incident caused by someone else’s negligence, contact Scott Blumen Law today. Call (619) 439-1837 to discuss your situation and receive an honest assessment of your legal options.
Since 1989, Scott Blumen has helped thousands of injured individuals throughout San Diego. He is known for providing honest legal advice, straightforward communication, and experienced representation in both workers’ compensation and personal injury law. As a Certified Legal Specialist in Workers’ Compensation Law, he offers knowledge that many firms cannot provide.
Many injury cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, Scott Blumen is prepared to advocate for your interests throughout the legal process and pursue the best possible outcome.
Depending on the circumstances, compensation may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, property damage, and other related losses. Every case is unique, and the available compensation depends on the facts of your claim.
California law places deadlines on filing both personal injury and workers’ compensation claims. Missing these deadlines could affect your ability to recover compensation. Contact Scott Blumen as soon as possible after an accident to discuss the time limits that apply to your case.
Yes, in certain situations. While workers’ compensation covers most work-related injuries, you may also have a separate personal injury claim if a negligent third party contributed to your accident, such as a contractor, equipment manufacturer, or another driver. Scott Blumen has experience handling cases involving both types of claims.
Although you are not legally required to hire an attorney, having experienced legal representation can be extremely beneficial if your claim is delayed, denied, your benefits are disputed, or your injury is serious. Scott Blumen is a Certified Legal Specialist in California Workers’ Compensation Law and has over 30 years of experience helping injured workers.
Your health should always come first. Seek medical attention as soon as possible, report the accident if appropriate, gather photos and witness information when possible, and avoid discussing fault with insurance companies before speaking with an attorney. Prompt legal guidance can help protect your rights.
Scott Blumen represents clients in a variety of injury-related matters, including:
- Workers’ compensation claims
- Personal injury cases
- Car accidents
- Construction accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Motorcycle, bicycle, and pedestrian accidents
- Brain injuries
- Wrongful death cases
- Product liability claims
Most personal injury and workers’ compensation cases are handled on a contingency fee basis. This means you generally do not pay attorney fees unless compensation is recovered on your behalf. During your consultation, Scott Blumen can explain how fees apply to your specific case.
The value of a case depends on many factors, including the severity of your injuries, medical expenses, lost income, future treatment needs, and how the injury has affected your daily life. Scott Blumen provides straightforward, honest assessments rather than unrealistic promises so you know what to realistically expect.
If you were injured because of someone else’s negligence or suffered an injury while performing your job, you may have a valid legal claim. Every situation is different, so the best way to determine your options is through a consultation. Call Scott Blumen Law at (619) 439-1837 to discuss your case and receive an honest evaluation.
