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One of our recent clients was a 57-year-old auto mechanic in the East Bay area of Northern California. While crossing the street within a crosswalk one day, he was struck by a Porsche Cayenne and the impact fractured his skull. The pedestrian accident caused the victim to suffer a mild traumatic brain injury, including short-term memory loss, dizziness, vertigo and irritability.
Initially, our client downplayed his injuries, perhaps thinking he could “walk off” a skull fracture. But of course, any type of brain injury is traumatic, even if it’s classified as “mild.” As an auto mechanic, his livelihood depended on him being able to analyze and solve problems. He eventually admitted the brain injury symptoms were present and that he needed to take care of them.
Pedestrian laws are often misunderstood, with many believing that the pedestrian has the right-of-way at all times. The truth is that while a driver is required to yield to a pedestrian at a crosswalk — whether marked or not — or intersection, the pedestrian also has a legal responsibility not to enter traffic in an unsafe manner. According to the California DMV, pedestrian deaths occur in approximately 22% of all traffic fatalities. And in a report published by the National Highway Traffic Safety Administration, the number of pedestrian fatalities was highest in California (867), followed by Texas (672) and Florida (652).
In California pedestrian-vehicle accidents, it’s common for both parties to share a portion of the liability, based on the concept of “comparative negligence.” The actual percentage of fault is determined by investigations conducted by insurance agents.
It’s important for drivers and pedestrians to be aware of their surroundings at all times to prevent accidents from occurring in the first place. But if you happen to be the victim of a pedestrian accident, be sure to contact a personal injury attorney before speaking with an insurance company. Get a free case evaluation, you just might end up with a $1,250,000 settlement to offset your medical bills.
If a negligent driver causes a commercial truck accident, the trucking company can be burdened with vicarious liability torts. The company can be held liable for the driver’s negligence under the legal tenet known as respondeat superior, a Latin phrase that translates as “let the superior make the response.” This concept transfers the truck driver’s […]
Tort liability in personal injury cases is most often based on acts of negligence, but there are exceptions. Sometimes the responsible party is held to the strict liability tort standard, meaning that a finding of negligence or malicious intent is not required. The most common types of strict liability tort cases are based on: Product […]
A negligence-based lawsuit against a school can have unique complications, depending on the type of institution it is. Overall, teachers, school administrators, and other staff have a “duty of care,” meaning they must take reasonable steps to avoid and prevent circumstances likely to cause personal injury to a student. Some reasons you might want to […]