According to the law of Los Angeles, every automobile driver must follow the legal duty of driving with utmost care to ensure the safety of others using the roadways. Upon breaching this law and causing injuries to any pedestrians, the driver will be at fault for any injury caused. In such a case, the pedestrian might need to contact a pedestrian accident lawyer in Los Angeles who would assist in the personal injury insurance claim or negotiate the best compensation for the victim.
When negligence is the main fault behind most pedestrian accidents in Los Angeles, it is not that only the automobile drivers are at fault due to the inability to see a pedestrian. In several cases, the pedestrian might also be made liable for the fault of the accident.
When Will The Driver Be Held Liable?
A vehicle driver will be held liable if one disregards crosswalks, speed limit signs, and traffic controls and makes the pedestrian enter risk of an accident. Drivers driving under the influence also risk causing pedestrian injuries due to the accident.
Engaging in other activities while driving, such as using the phone, having quick snacks, changing a song, locating an address in GPS, turning around unnecessarily, concentrating on some road incidents, talking on the phone, and any other distractions can impose the fault of the pedestrian accident on the driver.
Moreover, for the claim of compensation when the driver is at fault, one needs to prove that the driver has ruptured the duty of care on the road by engaging in any of the misconducts or distractions mentioned above, which lead to accidents and fatal injuries of a pedestrian.
Fault Of Pedestrians
Although most of the time, the automobile drivers are found at fault, negligence might also occur on behalf of the pedestrians. This might include ignorance of traffic signals, not crossing the road at intersections and crosswalks, and walking on highways and on roads where the drivers least expect a pedestrian. An accident compensation claim will be declared null and void in such cases.
Final Thoughts
Last but not the least, it is the responsibility of both the automobile driver and the pedestrian to maintain the duty of care on the road. But the responsibility is greater in the case of drivers as the capacity to cause harm is significant. However, if someone is injured it is essential to contact an attorney well experienced in pedestrian accident cases after seeking necessary medical help.
