How is fault determined in a pedestrian accident case?

In California, fault is typically determined in a pedestrian accident case based on the negligence of one or both parties involved in the incident. Negligence is the failure to exercise reasonable care, and failure to do so can lead to an accident in which another person is harmed. Generally, a pedestrian will be considered negligent if they fail to obey traffic signals, cross the street carelessly, or fail to remain visible to drivers. When a pedestrian is considered to be negligent, any damage caused in the accident will likely be the fault of the pedestrian. On the other hand, a driver can also be considered negligent in a pedestrian accident if they fail to yield right of way to someone in a crosswalk, if they are driving recklessly, or if they are texting while driving. Drivers must use caution when driving near pedestrians and adhere to all applicable traffic laws. In certain cases, both the pedestrian and the driver may be partially responsible for a pedestrian accident. When this is the case, fault may be divided between the parties based on a comparative negligence analysis. This analysis looks at the percentage of responsibility each party has for the accident and is taken into account when determining who is liable for the damages caused.

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How is fault determined in a pedestrian accident case?

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