What defences might be used to challenge liability in a pedestrian accident case?

In a pedestrian accident case in California, liability can be challenged using several different defences. One way is to establish that the pedestrian was in some way responsible for the accident. This could mean that the pedestrian was not paying attention to traffic, failing to obey traffic signals, or not using a crosswalk or other designated area for pedestrians. Another defence might be to say that the driver was not at fault for the accident. It could be argued that the driver had no way of knowing that a pedestrian was in the area, and that the pedestrian was not visible to the driver. In addition, the driver may have had the right-of-way, or the pedestrian may not have been obeying traffic laws. A third defence might be to say that the pedestrian was a contributory factor to the accident. This could involve the pedestrian suddenly entering the roadway, or engaging in some sort of risky behaviour that made it difficult for the driver to avoid the accident. Finally, the driver can also argue that the effects of the accident were not the driver’s fault but the fault of another party, such as the pedestrian’s employer or the city. If the driver can establish that there was some factor beyond the driver’s control that caused the accident, then the driver may not be held liable for the accident.

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What defences might be used to challenge liability in a pedestrian accident case?

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