//Is the Driver Always at Fault in a Pedestrian-Related Accident?

It goes without saying that pedestrians are likely to suffer devastating injuries in the event of an accident. In fact, according to a report from the California Department of Public Health (CDPH), one-fifth of all road fatalities in our state in 2013 were pedestrians.


If you were involved in a pedestrian crash – whether as the driver or a pedestrian – a San Diego car accident lawyer from Jeffrey E. Estes & Associates can help you determine who was at fault for your crash and how to pursue the compensation you deserve. We represent our clients with compassion and understanding while aggressively fighting for the maximum settlement. Call 855-290-8080 for a free initial consultation.

Is the Driver Always at Fault in a Pedestrian-Related Accident?

Walking in or alongside traffic is inherently risky. According to statistics published by the Centers for Disease Control and Prevention, over 4,700 pedestrians were killed in traffic in 2013. PennyGeeks reports that an alarming 129,000 people were treated in emergency rooms due to pedestrian accident injuries in 2015.

Like any other personal injury case, there are many factors to consider when determining liability in a pedestrian accident claim. At the end of the day, it must be determined whether the driver, the pedestrian, or both breached a duty of care.

Drivers have a duty to follow traffic laws and avoid reckless behavior. Pedestrians also have a duty to abide by all laws and to avoid behaviors that increase the likelihood of accidents. Because either party can breach a duty of care, either party (or both) may be found liable for a crash.

Pedestrians can contribute to accidents by:

  • Crossing the road outside of marked crosswalks;
  • Weaving quickly between seemingly parked or gridlocked cars;
  • Walking while intoxicated; and
  • Walking while distracted.

Drivers can contribute to pedestrian accidents by:

  • Speeding;
  • Driving under the influence of alcohol;
  • Driving under the influence of drugs;
  • Driving while distracted;
  • Not using their headlights while driving at night; and
  • Not reducing their speed in residential areas and school zones.

After being involved in a pedestrian crash, you probably have a lot of questions about your case. Depending on the circumstances of your accident, you may be entitled to compensation for medical expenses, loss of income, pain and suffering, and other economic and non-economic damages.

Attorneys Jeffrey E. Estes and Alton J. Smith are here to provide answers to all of your questions and help you pursue the maximum settlement. They have recovered more than $150 million for their clients in successful settlements and verdicts.

Our lawyers can come to you if you cannot come to us. We are dedicated to providing a personal touch and tenacious representation to each of our clients.

Call 855-290-8080 to schedule a free initial consultation with a car accident lawyer today. To learn more about car accident injury claims in California, visit the USAttorneys website.


Jeffrey E. Estes & Associates

501 West Broadway, Suite 1650

San Diego, CA 92101


By |2018-05-02T15:58:10+00:00May 2nd, 2018|Personal Injury lawyer|0 Comments
Translate »

Pin It on Pinterest