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Are Pedestrians Ever Responsible for Their Injuries?

When we think about accidents involving both cars and pedestrians, we are quick to make the assumption that the driver of the vehicle is probably at fault. While people often say “the pedestrian has the right of way,” that is not always the case.

The following are several common situations where a pedestrian may share fault for a car accident:

  1. Jaywalking
  2. Crossing an intersection against a traffic light or sign
  3. Entering a road while under the influence of alcohol or drugs
  4. Walking on highways or other roadways where pedestrians are not allowed.

In most cases, both drivers and pedestrians share some sort of fault. For instance, a pedestrian may be jaywalking, while the motorist may be driving a few miles over the posted speed limit.

When it comes to shared fault, California follows the legal doctrine of “comparative negligence." While the injured person can still recover compensation from negligent parties, his or her own compensation will be reduced by their share of the fault.

If you have been injured in an auto accident caused by a negligent party in Southern California, schedule a free consultation with our Pasadena personal injury attorneys at Tedford & Associates today.


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