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?
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.