I was injured in a pedestrian accident. Can I still collect damages if I was partially responsible?

Pedestrian's Hat on a Smashed Car WindshieldYes. After being injured in a pedestrian accident, victims who fear they may be partially responsible for their injuries are often hesitant to investigate their right to compensation. If you find yourself in this position, don't make the mistake of not investigating your legal rights.

California Follows the Legal Standard of Pure Comparative Negligence

For personal injury cases, including incidents involving motor vehicles and pedestrians, California follows the legal standard of pure comparative negligence. Thanks to this standard, being partly at fault for your injuries doesn't automatically preclude you from seeking compensation for damages. However, depending on the specific circumstances of your case, it could potentially affect how much you're able to recover.

For example, if you were injured by a speeding or distracted driver while jaywalking, you and the driver would likely share liability. You would each be assigned a percentage of fault, which any financial award would is adjusted to reflect the percentage of fault. If you were 30 percent at fault for jaywalking—while the driver was determined to have been 70 percent at fault for reckless or distracted driving—and you won a $100,000 financial award, that award would be reduced to $70,000 to reflect the comparative negligence.

The potential to have your award reduced highlights the importance of having an experienced California personal injury attorney handle your pedestrian accident case. A skilled attorney can investigate your case, gather important evidence, and negotiate to ensure that you're assigned a fair percentage of fault for the accident and your injuries.

Let Us Resolve Your Pedestrian Accident Case For Top Recovery

At the Inland Empire Law Group, our accomplished injury recovery professionals have helped many pedestrian accident victims collect the vital compensation they need and deserve. We'd love to take a look at your case and tell you if we can help you. Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial case consultation to talk one of our adept attorneys about your legal rights and options.

 

David Ricks
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Rancho Cucamonga Car Accident Attorney and Victorville CA Personal Injury Lawyer Serving Inland Empire