Car vs. Pedestrian: Who is at fault for the Accident? Comparative Negligence

With the increased use of motorized vehicles and the ever growing rate of population in Southern California, there also comes the increased risk of accidents between pedestrians and cars.

So when a car accident with a pedestrian occurs , who is at fault?

• In general, the driver of the vehicle that hit the pedestrian is at fault and will be held responsible for any and all damages incurred there-in

Pedestrian MAY BE at fault:

1. Disobey traffic laws.

   1. If for example the pedestrian crosses when the traffic light states “DO NOT WALK” and gets struck by a vehicle that couldn’t avoid hitting the pedestrian, then the pedestrian will be held responsible.

2. Walk while intoxicated

   1. When a pedestrian is under-the-influence, their judgement is impaired and have slow reaction times. This will definitely be considered in any pedestrian car accident.

3. Dart into traffic

   1. If a pedestrian just jumps into the middle of traffic unexpectedly they may be held solely responsible.

4. Act recklessly

   1. If a pedestrian is acting negligently and is increasing the chances of a car hitting them, they may be held responsible for either a certain percentage of liability or even the entire  .

Driver of Motor Vehicle MAY BE at fault

1. Driver was distracted

   1. This can include but is not limited to:

      1. Being on the phone;

      2. Not paying attention to the road;

      3. Playing with the radio;

      4. Simply eating or drinking something

2. Driving under the influence

   1. This can be but is not limited to:

      1. Driving after you had a few drinks;

         1. Drinking can severely impair your judgement

      2. Driving after you took prescription medication that slows down your reaction time.

         1. For example: Antidepressants

3. Reckless Driving

   1. Driving at aggressive speeds

      1. If the accident is caused because you decided to go 65 in a 45 than you will be held liable.

COMPARATIVE NEGLIGENCE

What if both parties are found to have caused the accident? Can both parties be liable?

In this instance, to determine who is at fault, we use the comparative negligence principle. This process looks into the apportionment of liability between the driver and the pedestrian.

If the driver was 99% liable but the pedestrian is found to be 1% liable also then in the state of California the driver will recover that 1% of the damages that he/she endured, and the pedestrian will recover 99% of his/her damages endured.

Example of Comparative Negligence

1. Victim is jaywalking and does not look out for oncoming traffic, and the driver is distracted by his phone. The jury determined the victim(jaywalking) is 60% at fault, and the driver is 40% at fault. Total damages is $100,000; thus, based on this principle, victim pays $60,000 in damages to the driver and the driver pays $40,000 in damages to the victim.