How Comparative Fault Can Impact Your Halloween Pedestrian Claim
With Halloween and trick-or-treating activities just around the corner, many of us are reminiscing on several happy memories of candy and friends. However, while children and their families are out walking the neighborhoods, cars are still on the streets. If people are driving home from late night shifts, it is much harder to see small children in the middle of the night. The risk of serious injury is much greater during this holiday, so it is best to exercise caution.
But if someone does get hurt on Halloween, California is a comparative fault state, so fault and responsibility might be split between multiple parties. If you or your child get hurt in a pedestrian accident, certain behaviors might take some responsibility off the motorist involved. To maintain safety and protect yourself during legal matters, reach out to Younglove Law Group as soon as possible after your accident.
What Is Comparative Fault?
In California law, comparative fault means multiple people can be responsible for damages in a personal injury claim. Pedestrian accidents that go through a legal process often fall under this category. In comparative fault, every involved party is delegated a certain percentage of responsibility for the accident happening.
For instance, a pedestrian listening to loud music while walking in a crosswalk can receive a higher percentage of liability than another pedestrian who is not distracted. If both pedestrians get into otherwise identical accidents with a vehicle, each facing medical bills worth $50,000, the latter pedestrian is more likely to receive the maximum fair compensation. The former pedestrian might be found 15% responsible for the accident, while the latter is found 0% liable.
What Aspects Can Negatively Impact Your Pedestrian Injury Claim?
Many behaviors could negatively impact your pedestrian injury claim because of comparative fault. The following are some of the most common actions that will transfer responsibility onto the pedestrian victim:
- Leaving a curb or walking path suddenly
- Stopping in the middle of a street or intersection
- Walking, running, or stopping in the way of a car or motor vehicle
- Jaywalking
- Walking while distracted, including looking at your phone, talking, or listening to loud music
- Blocking traffic
Other behaviors also have the potential to impact your case negatively, so it is important to exercise caution on Halloween night while you are out with your family and friends. If you need further assistance understanding comparative fault law in California or other recommendations, please get in touch with Younglove Law Group.
How Can a Lawyer Support You During Your Halloween Pedestrian Injury Case?
Getting into a pedestrian accident can easily result in serious injuries, and you should take legal action to hold the responsible parties accountable. No matter the legal matters you are involved in, a lawyer from Younglove Law Group can help reduce the appearance of significance in your actions, reduce the negative impact on comparative fault in your case, and much more during this time.
We encourage you to refrain from representing yourself during these legal matters, as this can easily risk your loss of compensation you need to recover. Self-representation can also easily make a legal case take far longer than intended. When you retain support from a Younglove Law Group pedestrian accident lawyer, you are more likely to be represented fairly and receive fair compensation. Please contact us as soon as possible to begin fighting for your rights.
Get Invaluable Support From a Younglove Law Group Pedestrian Accident Lawyer
If you have been involved in a pedestrian accident and want to hold the liable parties accountable for your losses, you do not have to manage the stress alone. By retaining support from a Newport Beach pedestrian accident lawyer at Younglove Law Group, you are much more likely to move through the legal process quickly and successfully. We have a long history of bringing our clients the outstanding results they need to heal, and we can do the same for you.
Please do not hesitate to contact us if you need assistance with your case. We would be happy to schedule a free consultation with one of our experienced and highly qualified attorneys, and we can also answer your questions and concerns. Reduce your potential stress during legal matters when you call (949) 691-3660, use our toll-free number at (844) 810-1800, or complete our contact form.
