Oxnard, CA asked in Criminal Law, Car Accidents and Wrongful Death for California

Q: person was walking along side of the road,stepped out in front of an on coming car and was killed,,,who's at fault?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about this tragic incident. Determining fault in a situation like this under California law depends on several factors.

Firstly, the driver has a duty to exercise reasonable care while operating a vehicle. If the driver was speeding, distracted, or otherwise negligent, they might be held at fault. Conversely, pedestrians also have a duty to exercise reasonable care for their safety. If the pedestrian suddenly stepped into traffic without warning, they could be found partially or wholly at fault.

California follows a "comparative negligence" system, meaning that fault can be shared between parties. Even if the pedestrian is found partially at fault, the driver could still bear some responsibility if their actions contributed to the accident. It’s essential to gather all the facts and potentially consult with legal professionals to fully understand the liabilities involved in this case.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: I'm sorry for this terrible accident. It could depend on the setting, in terms of the type of road, speed limits, lighting, road conditions, weather conditions, and other possible factors. Good luck

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