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Negligent Drivers and Pedestrian Accidents

The weight of the average car in America has been steadily rising over the last three decades. New cars and SUVs today often weight in at around 2 – 3 tons. You probably do not need to look at statistics or numbers to figure that an accident between a tiny car and a massive SUV is not going to end well for a Smart Car, Prius or its occupants. Now think about those same giant vehicles and imagine how dangerous they are to pedestrians – people walking on sidewalks, cross walks and sometimes in the street without any protection whatsoever.

Pedestrian accidents lead to thousands of deaths each year in the United States, and more than one hundred thousand emergency room visits. Injuries suffered by individuals hit by cars include concussions, broken bones, back injuries, neck injuries, and a whole host of other possible harms. For individuals injured in pedestrian accidents, personal injury claims are often the best option for receiving compensation.

Who is at Fault?

While a collision between a car and a person is always more likely to cause injury to the person, this does not always mean that the car is at fault. There are times when a pedestrian might run into traffic for one reason or another, and create a situation where the driver cannot avoid the accident. In order for a driver to be at fault, he or she will have to have been negligent. Negligence occurs when a person fails to act as a reasonably prudent person under the circumstances. For instance, if you were hit by a driver who ran through a red light while texting, then you will have a strong case that the driver was negligent.

If the driver were to be found negligent, then the injured pedestrian could collect damages from the driver. This would mean the pedestrian would be compensated for medical costs, missed work, pain and suffering, and emotional distress that resulted from his or her injuries.

Comparative Fault

In many personal injury cases, some form of the blame game can be played out. This means, a driver, who might have been negligent, might claim that the pedestrian was also negligent. For instance, nowadays it is not too difficult to imagine that both the driver and the pedestrian were looking at their phones at the time of the accident, rather than where they were going. In California, if this scenario played out, then the court would look at the share of fault each party was responsible for, and the resulting damages would be altered accordingly. For instance, if the driver was found to be 60% at fault and the pedestrian 40% at fault, then the driver would be liable to the pedestrian for 60% of the total damages. In a case worth $100,000, this would mean the driver would be liable to the injured pedestrian for $60,000. If you or a family member has been injured in an accident, it’s critical that you find an experienced personal injury lawyer today.

Call Milligan, Beswick, Levine & Knox LLP for Your Free Pedestrian Accident Consultation


If you have suffered injuries as the result of a pedestrian accident, you should contact an experienced personal injury attorney to discuss your claim. The attorneys at Milligan, Beswick, Levine & Knox, LLP have tried thousands of cases. We understand how devastating injuries resulting from these types of accidents can be, and we are ready to advocate for you and your rights. Call us today at 909-798-3300 for a free consultation.

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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.