When we talk about accidents between vehicles and pedestrians, most of the time, our initial assumption is probably that the driver of the vehicle is usually at fault. Most of us have probably heard the old adage “the pedestrian has the right of way,” even though that isn’t always correct from a legal standpoint. In a pedestrian-vehicle accident, the pedestrian can actually be to blame, wholly or partially. When such accidents occur, a traffic violation lawyer is often engaged.
Both drivers and pedestrians have to exercise reasonable care for the safety of the people around them. If either party fails to act reasonably, they may be liable to the people who get hurt because of their conduct. Drivers and pedestrians have the same duty of care while they are using the road.
When a pedestrian does bear some amount of blame for causing an accident, chances are that the driver of the vehicle is also partially at fault. For example, a pedestrian may be jaywalking or careless, but the driver may have been speeding or snoozed for a few seconds behind the wheel, or may have been distracted and therefore unable to stop in time.
So, what happens when both the pedestrian and the driver are at fault? Different states follow different rules in shared fault situations, but those rules are based on one of two basic legal concepts: comparative negligence and contributory negligence. Hiring an Orange County traffic lawyer is the best solution in order for both parties to come to an amicable settlement.
For nearly 30 years, The Ticket Clinic has been providing legal services to motorists charged with traffic offenses like speeding, suspended license and DUI. Their goal ~ Case Dismissed. No points, no school. Whether you received your traffic ticket in Orange County, Los Angeles or The San Francisco bay area, The Ticket Clinic will work hard to protect your rights!
Whether you were the driver or pedestrian in a pedestrian accident, never accept blame for the accident if you didn’t cause it. Get on the phone with a traffic accident lawyer or a speeding ticket attorney Los Angeles to help you.