By Mitch Rice
In San Diego, there are road safety rules for both pedestrians and motorists. For example, drivers must reduce their speed at intersections and wait for pedestrians at crosswalks before taking a right-hand turn. Likewise, pedestrians are requested to use only designated crosswalks where foot traffic is anticipated. They must also be cautious when crossing the road, keeping a watchful eye on approaching vehicles. Despite all the mandates, road accidents are a bitter reality. Sometimes, drivers or pedestrians are found to be entirely at fault, while at other times, both parties are partially responsible. Nevertheless, a pedestrian’s life is more at risk. How do you tackle this situation if you are on the receiving end?
If you don’t sustain any injuries, you cannot sue a car driver. However, a lawsuit can be filed for minor to severe injuries with the help of an attorney. For guidance, you can visit https://hhjtrialattorneys.com/san-diego-car-accident-lawyer/.
When are drivers held liable?
Drivers in San Diego are required to exercise reasonable care and comply with traffic rules. If they injure a pedestrian, the law can hold them accountable for the mishap. His accountability depends on various factors. For example, a driver is at fault if they fail to provide free passage to a pedestrian at an intersection or crosswalk. Someone driving at a high speed and not stopping the car on time to protect a pedestrian is also responsible. Anyone driving while using a phone, texting, or engaging in other distractions can be held liable for hitting a pedestrian. Even driving after consuming drugs or alcohol and hitting someone is considered a serious offense. Hence, you can have the upper hand as a victim in any of these situations.
When are pedestrians held liable?
Pedestrians must also ensure their safety. In an accident case, they can be partially or fully blamed depending on their actions. For example, jaywalking, crossing the road against a traffic signal, or failing to use a crosswalk can put you at fault. You can also be blamed if you walk on the road impaired after consuming drugs or alcohol. Walking into traffic without giving any prior warning is also an indication that you may be at fault.
How is fault determined?
In San Diego, fault in pedestrian accidents is determined using California’s comparative negligence system. It can hugely affect the compensation awarded to a victim. That’s why consulting a legal practitioner is essential. If you or your loved one is hit by a car while walking on the road, you can approach an attorney to understand your rights and the damage claim process. Experts can help you gather evidence to support you. They can study witnesses, video footage, accident reports, and medical reports before finalizing the matter. Your lawyer can also discuss the claim with the at-fault driver. However, if nothing happens, you can expect your attorney to file the lawsuit. It’s a lengthy process, which legal advisors can handle perfectly with their experience and knowledge.
Many victims fail to obtain fair compensation because of a lack of proper guidance or representation. It adds to their existing woes. You can avoid these unwanted experiences by seeking the right advice from the right people from the beginning.
Data and information are provided for informational purposes only, and are not intended for investment or other purposes.