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Understanding Your Rights After a Pedestrian Accident

The unfortunate truth is that accidents involving pedestrians occur every day, and they’re also often the result of a negligent driver. Even though we have laws in place that limit distracted driving, pedestrian accidents are still likely to occur – especially in the state of California. That’s why our pedestrian accident attorneys in San Diego believe that’s why it’s essential to know your rights and the steps you should take after a pedestrian accident when confronted with such a situation.


Who are pedestrians?
Pedestrians are the people traversing public roads on foot or with roller skates, bicycles, skateboards, and other transportations aside from a vehicle. Pedestrians also often use crosswalks and sidewalks to travel on busy streets. Most cities and suburban areas have road markings that determine where pedestrians can cross over safely.


With accidents involving pedestrians, who’s liable?
When a driver injures a pedestrian in an accident, the standard for proving negligence comes into play. However, actually proving negligence is easier said than done. An injured pedestrian must satisfy the specific criteria listed below:


  • Duty of care: The driver has a duty of care, which they owe the pedestrian.
  • Breach of duty: The injured pedestrian must show that the driver breached their duty of care.
  • Cause of injuries: Next, the pedestrian must prove that the driver’s breach played a role in causing their injuries.


As drivers, we all owe pedestrians a duty of care, which means we have to perform reasonable actions to protect them while on the road. Every driver has to be aware of their surroundings, including other vehicles and nearby infrastructure. Remember, you have a legal obligation to prioritize everyone else’s safety while driving, including your own.


What are the roles of insurance companies in pedestrian accidents?
By law, drivers have to report the accident immediately to their auto insurance providers, and pedestrians can file a personal injury claim with the driver’s insurance company.


Victims should also always be wary of insurance adjusters calling them to “check on how they’re doing.” Very often, this is a ploy insurance companies use to get injured pedestrians to admit something accidentally that they’ll use to minimize their liability. If you were the injured pedestrian in an accident, allow your lawyer to do all the talking for you when dealing with the insurance companies.


What is comparative negligence?
The state of California adheres to comparative negligence when it comes to pedestrian accidents (and car accidents in general). This means that the injured party will likely share some degree of fault for contributing to the accident. This potentially reduces the injured pedestrian’s amount of compensation due to the percentage of responsibility they share in the accident.




When do you hire an attorney?
You should never hesitate to call an attorney when involved in a serious accident including when you need to file a hit and run car accident claim. The good news is that HHJ Trial Attorneys’ experts are eager to begin working on your case. Base out of San Diego, we ensure that all injured Californians can recover compensation for any damages they suffered from devastating car accidents. Schedule a consultation with us today, and we can help you get the process started.


Testimonial from Darren, Satisfied Client 
Michael Hernandez is a true professional and at the top of his field! I highly recommend giving HHJ a call first if you are in an accident or just have questions about a personal injury matter. You will be well taken care of.


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