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Determining Fault in a California Pedestrian Accident

pedestrian crossing

As terrible as pedestrian accidents are, we would like to think that these accidents do not happen regularly. Quite the contrary, these horrific accidents happen on a regular basis. When a person is struck by a moving vehicle, the resulting injuries can be life-changing. For this reason, it is unequivocally important to consult with a well-established pedestrian accident attorney who can fight aggressively for compensation. With many years of dedicated legal experience, Milligan, Beswick, Levine & Knox, LLP can champion on your behalf. 

Milligan, Beswick, Levine & Knox, LLP proudly represents clients throughout Southern California, including the communities of Los Angeles County, San Bernardino County, Riverside County, San Diego County, and Orange County. The law firm has built a reputation for successfully representing victims of pedestrian accidents and helping those injured obtain the monetary compensation they deserve. After a pedestrian accident, consider hiring the litigators at Milligan, Beswick, Levine & Knox, LLP. Schedule a free consultation with the firm today. 

Establishing Liability After an Accident in California

Pedestrian accidents can happen for many reasons, but according to an analysis from the Department of Transportation, most of these accidents happen as a result of driver error. California motorists can be found at fault for an accident when they:

  • Are driving too fast for weather or road conditions
  • Fail to yield the right of way for a pedestrian
  • Proceed forward at an intersection despite a person who is walking on the crosswalk
  • Make a turn without first checking for a pedestrian 

The analysis determined that pedestrians are usually at fault for the accident when they did not cross the street at an intersection or cross against a red light. Even in these situations, however, both parties may share fault for the accident. For instance, if a driver could have avoided striking the pedestrian, the driver may be found partially responsible for the accident. 

In the State of California, even when both parties are found responsible for an accident, the injured pedestrian will still be entitled to seek monetary compensation from the driver. Instead of receiving the full damages award, however, the compensation will be reduced based on the pedestrian’s degree of fault. 

Wrongful Death Compensation for Pedestrian Accidents

When a pedestrian is killed in an accident, certain family members can pursue a wrongful death claim against the negligent motorist. Based on current state law, the following parties may be eligible to seek compensation:

  • The decedent’s domestic registered partner or spouse, 
  • The decedent’s children, 
  • The decedent’s grandchildren, or
  • Other parties who may have been financially dependent on the deceased victim. 

Hire Qualified Legal Representation Today

Pedestrian accidents are generally catastrophic and can result in a number of lifelong difficulties for the victim. Some of these may include the inability to earn a living, pain and suffering, and long-term trauma. If you or a loved one was recently injured in a pedestrian accident, act quickly and obtain the support of a qualified personal injury attorney. 

Milligan, Beswick, Levine & Knox, LLP is a law firm highly versed in catastrophic pedestrian accident cases. The law firm works tirelessly to ensure their clients have the best opportunity to receive maximum monetary compensation after an accident. When you have been injured by a reckless driver, the attorneys at Milligan, Beswick, Levine & Knox, LLP can help fight for your rights. Consider scheduling a free consultation with the law firm today.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.