Who is at Fault in a Nighttime Pedestrian Accident in California?

While traffic accidents are common in all states, some states experience them far more frequently than others. And California is one of them. Followed by Texas, California has the second-highest number of annual traffic accidents. The state’s population density, road conditions, and driving habits of its residents and visitors alike are partly to blame for this less-than-flattering ranking.

What More People Should Know About Traffic Accidents in California

According to the California Highway Patrol (CHP), roughly 216,366 accidents occurred on California roadways in 2022. Of those, around 165,978 resulted in injuries, and the remainder resulted in fatalities. It is reported that in 2022, 77% of all pedestrian-vehicle accidents in the US occurred at night, possibly due to reduced visibility, negligent driver behavior, or both.

Who Is at Fault in a Nighttime Pedestrian Accident in California?

Determining who is at fault in a nighttime pedestrian accident in California is not as straightforward as many people might think. It partly comes down to where the pedestrian was walking when the accident occurred. For example, if someone is walking outside of a crosswalk or in areas where pedestrian traffic is prohibited and gets hit by a vehicle, they may be considered partially at fault, according to California law. The driver, meanwhile, may be at fault if distracted driving, fatigue, or impairment contributed to the accident. In some accidents, both parties share in the liability.

The Role of Pure Comparative Negligence in Pedestrian-Vehicle Accidents in California

California is among a handful of states where pure comparative negligence is allowed. For those unaware, pure comparative negligence is a legal principle that allows state courts to determine the damages awarded in a personal injury case when both parties share fault in an accident. An example of where pure comparative negligence would apply is if a vehicle is speeding and a pedestrian runs into the road and, as a result, the pedestrian gets hit by that vehicle. In such a case, the pedestrian and the driver are technically both at fault. A California court will use pure comparative negligence to determine the percentage of fault assigned to each and how much each can receive in damages.

Why It Pays to Hire a Personal Injury Attorney if You Are Involved in a Pedestrian-Vehicle Accident

If you’re a pedestrian who suffered an injury in a nighttime pedestrian-vehicle accident and you’re thinking about filing a personal injury compensation claim, it pays to hire an attorney. The same applies if you are a driver named in a personal injury compensation claim. When defending an injured pedestrian, a personal injury attorney will use police reports, witness statements, and pictures to show that a driver’s negligence led to their client’s injuries. If the attorney successfully proves the driver’s negligence caused the accident, the injured pedestrian is entitled to compensation, either via a settlement or court judgment, for the following:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Punitive damages

A personal injury attorney representing a driver will also review police reports, witness statements, and pictures. Whether it’s during settlement negotiations or while arguing a personal injury case before a California court, they use this information to establish the following:

• The pedestrian had a duty of care to avoid causing the accident.
• The pedestrian’s actions breached a duty of care.
• The pedestrian’s breach of duty caused the accident.
• The breach of duty caused the pedestrian, driver, or both to suffer injuries.

If the attorney successfully proves the pedestrian caused or is at least partly responsible for causing the accident, the damages the driver will have to pay to the injured pedestrian is either eliminated or significantly reduced.

In summary, multiple things can cause pedestrian-vehicle accidents. Whether you were the one walking or the one driving, you have rights when filing or fighting a personal injury compensation claim. Having a personal injury attorney in your corner ensures those rights are protected.