As it relates to pedestrian accidents, negligence is some form of careless or reckless behavior on behalf of a driver, or in some cases, even a pedestrian. This means that if a driver caused harm to a pedestrian, he or she will typically be held liable for any injuries sustained, as well as the resulting damages. However, as mentioned, a pedestrian’s negligence, such as being intoxicated, can also factor into determining liability.
Some examples of driver negligence in relation to a pedestrian accident include:
- Driving while under the influence of drugs or alcohol
- Not paying attention to the road
- Disobeying traffic laws or signals
Negligent behavior behind the wheel is not only immoral but is against the law. All motorists have a legal duty of care while operating a vehicle. This means that a driver who behaves irresponsibly and does not use reasonable care while operating a vehicle may be found liable for causing a pedestrian accident.
If you were injured in a pedestrian accident because of a driver’s negligent behavior, it is crucial that you are able to prove that his or her negligence was the primary cause of your injuries. The legal standard for negligence in the state of California will consider the following three elements:
- The driver owed the pedestrian a duty of care
- The driver breached his or her duty of care through negligence, and
- The driver’s negligence was the primary cause of the injuries sustained.
In summary, it is entirely possible for more than one individual to be held liable for causing a pedestrian accident. California is a comparative liability state, which means that more than one individual may be found liable, including the pedestrian. Therefore, liability can be divided based on the degree of fault. Damages will also be divided based on the share of fault. Finally, any available damages will be reduced depending on an individual’s degree of fault.