What is the duty of care in a pedestrian accident case?

In California, when an individual is involved in a pedestrian accident, they have a duty of care. To put it simply, this means that both the pedestrian and the driver have a legal obligation to act responsibly and take reasonable measures to avoid an accident or injury. The driver has a duty of care to act in a reasonable manner while operating the vehicle. This includes driving at a safe speed, following traffic laws, and being aware of the surroundings. On the other hand, the pedestrian must also take reasonable steps to avoid being injured. This includes paying attention to their surroundings and obeying traffic laws such as crossing at marked crosswalks or intersections. When a pedestrian accident occurs, both parties have violated the duty of care. The court will assess the facts of the case and then decide who was more at fault. If the pedestrian was not following the traffic laws and was deemed more at fault, they may not be able to receive compensation for their injuries. If, however, the driver was deemed more at fault, the pedestrian may be entitled to compensation for their injuries. In short, both parties in a pedestrian accident must take reasonable steps to avoid injuries or accidents. The court will then assess which party was more at fault and this will determine if the pedestrian can receive compensation for their injuries.

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What is the duty of care in a pedestrian accident case?

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