How is negligence determined in a pedestrian accident case?

In California, when a pedestrian is injured in an accident, their legal rights are protected by pedestrian accident law. Negligence is determined in a pedestrian accident case by examining the facts of the incident and applying the legal principles of negligence to those facts. Under California negligence law, negligence occurs when a person owes a duty of care to someone else, and then fails to exercise that duty, leading to an injury as a direct result. In a pedestrian accident case, the pedestrian is typically owed a duty of care by the other driver, who is required to exercise reasonable caution while operating the vehicle. If the driver fails to exercise this duty of care and the pedestrian is injured in an accident, the driver may be found negligent. Additionally, other factors such as speed, visibility, or a failure to yield the right of way may be considered in determining a driver’s negligence. In order to prove a case of negligence, a pedestrian must demonstrate that the driver had a duty of care, that the driver breached that duty of care, and that the breach caused the pedestrian’s injury and loss. Once negligence is established, a pedestrian may be able to recover for medical costs, lost wages, pain and suffering, and other damages.

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How is negligence determined in a pedestrian accident case?

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