BEVERLY HILLS PEDESTRIAN ACCIDENT ATTORNEYS

Proving Liability After A Pedestrian Accident

Pedestrian accident attorneys can help you determine who was at fault for your injuries. At Seber Bulger Law, we’ve spent the last 6 years helping clients with their pedestrian accident cases. Now, it’s our turn to help you. Read on to learn more about proving liability, and contact us today for a free consultation.

Gathering Evidence After An Accident

The first step in proving liability is gathering evidence from the scene of the accident. This includes photographs of the area, traffic signs, the condition of the road, and any damage to the vehicle or pedestrian’s belongings. Witness statements can be especially helpful, as bystanders often have a clear view of what happened and can provide unbiased accounts of the events.

Police reports are another key piece of evidence. If law enforcement responded to the scene, their report could include details about the accident, any citations issued, and their assessment of who might be at fault. Your pedestrian accident attorneys can use this information to help you build your case.

Evaluating Traffic Violations

In many pedestrian accidents, traffic violations play a role in determining liability. Drivers may be at fault if they were speeding, ran a red light, or failed to yield at a crosswalk. Pedestrians, on the other hand, could be held responsible if they crossed the street outside of designated areas or ignored traffic signals.

We often rely on traffic laws to determine who had the right of way in a given situation. If a driver failed to follow the rules of the road and this led to the accident, it’s a strong indication of liability. Similarly, if a pedestrian ignored the traffic signals, this could also impact the case. Both parties are expected to follow the law, and any violations can shift liability.

Shared Responsibility And Comparative Fault

There are situations where both the driver and pedestrian share some responsibility for the accident. This doesn’t mean that the pedestrian can’t recover damages, but it could reduce the amount they’re entitled to. Comparative fault laws allow for compensation to be adjusted based on the percentage of fault attributed to each party.

For instance, if a pedestrian is found to be 30% responsible for the accident, their compensation would be reduced by 30%. This system allows for a more balanced approach when determining damages, especially when multiple parties contributed to the accident.

The Role Of Insurance In Pedestrian Accident Claims

Insurance plays a significant part in pedestrian accident claims. In many cases, the driver’s insurance will cover the damages, including medical expenses and lost wages. However, proving that the driver’s negligence caused the accident is key to getting compensation from their insurance company.

In cases where the driver was uninsured or underinsured, the pedestrian may need to rely on their own insurance, such as health or auto insurance if it covers pedestrian accidents. This can add an extra layer to the process, and understanding the available options is an important part of moving forward.

Seeking Compensation After A Pedestrian Accident

At Seber Bulger Law, we understand how challenging these situations can be and are here to help you through each step. Contact us today to discuss your case with pedestrian accident attorneys you can trust.