In a car-pedestrian collision, authorities must investigate the incident and determine who is to blame for the crash. Some might think the car is always at fault because pedestrians usually have the right of way. Although, it might only be accurate based on the collision’s circumstances.
Authorities can approach a pedestrian accident in various ways based on what happened leading up to the collision. These details can determine if the blame is on the pedestrian, the car’s driver or both. The investigation’s findings can also implicate other parties, such as the car’s manufacturer if a defect contributed to the crash or the government if the road’s poor design caused the accident.
Complicated cases might allocate fault to multiple parties in percentages. In these situations, they can use the following negligence rules to sort out how much compensation the victims can receive:
- Contributory: Victims might not receive compensation if they are partly to blame for the incident. This rule applies even if their share of fault is only 1%.
- Comparative: Victims could receive compensation despite contributing to the crash, depending on their percentage of fault.
California uses comparative negligence rules for this accident type. This means the pedestrian can be at fault and still recover compensation for their damages proportionate to their contribution to the incident.
Proper investigation is vital in pedestrian accidents
In any traffic collision, it is crucial to understand what caused the accident. By doing so, parties can determine who is to blame, allowing them to calculate percentages of fault based on whether the car’s driver ran a red light or the pedestrian jaywalked. This information can help victims understand their options to pursue compensation.