Rancho Santa Margarita Pedestrian Accident Lawyer

Every day, residents of Rancho Santa Margarita make their way through the city on foot. Traveling to and from work, home, or school is the primary mode of transportation for many residents. While state law requires motorists to allow pedestrians safe passage on sidewalks and crosswalks, car and truck operators violate these traffic laws regularly. When a driver injures a pedestrian, they could face liability for those injuries in a lawsuit filed by an experienced car accident attorney.

If you were struck by a car while on foot in Rancho Santa Margarita, you have the right to seek compensation from the responsible driver. A Rancho Santa Margarita pedestrian accident lawyer could review the accident report and other evidence related to your case and advise you on your chances of recovery. Reach out to an accomplished personal injury attorney today.

The Pedestrian Right-of-Way

State law protects a pedestrian when they enter a marked or unmarked intersection. However, the law also requires pedestrians to avoid entering roadways in a hazardous way. These dueling duties are often at odds with each other and are routinely the focus of an attorney handling a Rancho Santa Margarita pedestrian accident lawsuit.

According to California Vehicle Code 21950, all motorists must yield to a pedestrian crossing the roadway at an intersection. This duty applies regardless of whether the intersection was marked or unmarked. However, the Vehicle Code also prevents a pedestrian from entering the roadway in a manner that is likely to cause an immediate hazard. This rule applies even in intersections where a pedestrian would otherwise have the right-of-way.

The rules are less ambiguous when it comes to pedestrians on a sidewalk. People traveling by foot always have the right-of-way according to California Vehicle Code 29152. A driver facing a pedestrian accident lawsuit is limited in their defense options when they strike a person walking on the sidewalk. Speak with a skilled lawyer for more information.

Shared Fault in a Rancho Santa Margarita Pedestrian Accident Case

It is not always clear which party in a pedestrian accident is at fault. While state negligence law allows a pedestrian to seek monetary damages when they are injured by a negligent driver, the state also follows the “pure comparative fault” theory of liability. In many cases, the driver would blame the pedestrian for causing the accident. If a jury agrees the pedestrian was entirely at fault, they would not recover compensation from the driver. However, the plaintiff could also have their damage award reduced if the jury determines they were partially at fault.

When a jury determines a pedestrian was partially at fault, they reduce the total damage award by the degree of their shared liability. For example, a pedestrian that is 15 percent at fault for an accident would see their damage award reduced by 15 percent. One of the ways a pedestrian accident lawyer in Rancho Santa Margarita could help an injured victim maximize their recovery is through showing a jury the driver was entirely at fault.

Talk to a Rancho Santa Margarita Pedestrian Accident Attorney

If you suffered an injury in a pedestrian accident, a Rancho Santa Margarita pedestrian accident lawyer could help. From evaluating your claim to taking your case to trial, your attorney could vigorously defend your legal rights throughout the litigation process.

There is no requirement that you hire legal counsel for your injury claim. However, the traffic laws that apply to your case are complex. To ensure the at-fault driver faces responsibility for their negligence, call today to set up an initial consultation.