Pedestrian Accident Lawyer in Ventura

If you are hit by a car while walking on foot, it is likely that the driver is responsible for the crash. Because drivers must yield to pedestrians in crosswalks and cannot legally leave the road and drive up on the curb, sidewalk, or shoulder, drivers are usually at fault for hitting a pedestrian with their car, and victims may be able to take them to court to seek financial compensation.

Whenever you are injured because of another person’s negligent acts, you may be able to file a civil lawsuit against them. This lawsuit typically alleges that the responsible party failed to use the proper care or skill required of them in the situation and that their errors led to your injuries. In cases of pedestrian car accidents, this means accusing the driver of violating driving laws or common-sense safety rules that led to them hitting you and injuring you.

In many cases, the driver will try to negate their fault in the matter by claiming that you jumped out into the street or that you crossed against a red light or a “do not walk” signal. In any lawsuit, the jury (or judge if there is no jury) is responsible for listening to the facts of the case and determining what truly happened and who is at fault. In California, this fault assessment means assigning partial blame to each party involved. As long as the jury believes that your injuries truly did occur and the driver was at least partly responsible, they should rule in your favor. If the jury does find you partly liable, this may reduce your overall damages but should not block your case or lead the driver to win the lawsuit. In many cases, the driver’s auto insurance or another insurance policy (such as your homeowners’ insurance) may be able to pay for a portion of the damages you faced. However, filing a lawsuit in court often opens additional damages you would not receive through insurance, such as pain and suffering damages.