Can I Still Recover Damages If I Was Partially at Fault for the Pedestrian Accident in California?

Michael Waks

6 months ago

Being involved in a pedestrian accident can be a confusing and stressful experience, especially if you believe you may have contributed to the accident in some way. However, in California, being partially at fault for a pedestrian accident does not necessarily mean you are barred from recovering damages. Here’s what you need to know about partial fault and recovering damages in a pedestrian accident claim in California.

Comparative Fault System

California follows a comparative fault system, which means that even if you were partially at fault for the accident, you may still be able to recover damages. Under comparative fault rules, your compensation may be reduced by the percentage of fault attributed to you.

Example Scenario

For instance, if you were crossing the street outside of a crosswalk and a driver failed to yield to you, resulting in an accident, you may be found partially at fault for jaywalking. However, if it is determined that the driver was also negligent—for example, they were speeding or distracted—you may still be able to recover damages, albeit reduced by your percentage of fault.

Determining Fault

Determining fault in a pedestrian accident involves a thorough investigation of the circumstances surrounding the incident. Factors such as traffic laws, witness statements, surveillance footage, and police reports are all taken into account to establish each party’s level of fault.

Contributory Negligence

It’s essential to note that even if you were partially at fault for the accident, you may still be eligible for compensation. However, your recovery may be impacted by the degree of your fault. If you are found to be more than 50% at fault for the accident, you may be barred from recovering any damages.

Seeking Legal Guidance

Navigating the complexities of comparative fault and recovering damages in a pedestrian accident claim can be challenging without legal assistance. Consulting with a knowledgeable personal injury attorney experienced in handling pedestrian accidents in California is crucial. An attorney can assess the specifics of your case, negotiate with insurance companies, and advocate for your rights to ensure you receive fair compensation.

Conclusion

If you were partially at fault for a pedestrian accident in California, you may still have options for recovering damages. Understanding the state’s comparative fault system and seeking legal guidance can help you navigate the legal process and protect your rights. Remember, each case is unique, so consulting with a qualified personal injury attorney is the best way to determine the best course of action for your situation.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.