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Supporting Evidence for Proving Fault in Pedestrian Accidents in Ventura
A pedestrian accident can be a tragedy, with the injured party facing life with permanent disabilities or needing long-term medical or nursing care. When a pedestrian is hit by a vehicle, it is necessary to prove that the driver has been at fault. This critical factor can require presenting several types of evidence, including the following:
Evidence From the Accident Scene
Photos, surveillance footage, dash cams, and physical evidence (skid marks or other data) can help establish what occurred and who was at fault.
Police Reports
Officers who respond to the accident will file a detailed report, which may include their assessment of which party violated traffic laws or acted in a careless or unsafe manner, leading to injuring or even killing a pedestrian.
Eyewitness Statements
Independent witnesses can provide critical insight into the event—such as whether the pedestrian had the right of way or if they saw that the driver was distracted and failed to see the pedestrian.
Proof of Traffic Law Violations
If the driver violated a traffic law—such as running a red light, speeding, or failing to yield at a crosswalk—this will serve as strong evidence of fault. California law gives pedestrians the right of way in marked crosswalks, and drivers must exercise caution even outside of them.
Expert Testimony
Accident reconstruction experts and medical professionals could clarify how the accident occurred.
Comparative Fault in California
California follows a pure comparative negligence system. Even if a pedestrian was partially at fault—such as crossing outside a crosswalk—they may still pursue compensation, but it will be reduced by the percentage of fault assigned to the pedestrian.
At Skinner Law Corp, we know that pedestrian accidents often leave victims with serious injuries and several challenging questions. We work to uncover the truth, prove fault, and secure the compensation our clients need to rebuild their lives.
Types of Serious Injuries and Compensation Paid in Injury Claims
Several types of injuries are, sadly, common in pedestrian accidents. The injuries may be serious, catastrophic, or fatal and include the following:
Traumatic Brain Injuries (TBI)
A blow to the head can cause concussions or more serious brain trauma, leading to long-term cognitive, emotional, and physical challenges.
Spinal Cord Injuries
Damage to the spinal cord can result in partial or full paralysis, affecting mobility and independence for life.
Broken Bones
Pedestrians often suffer fractures to the legs, arms, ribs, or pelvis. Some breaks may require surgery and extensive physical therapy to heal.
Internal Injuries
Blunt-force trauma can cause damage to internal organs, leading to internal bleeding or long-term organ function issues.
Lacerations and Soft Tissue Damage
Deep cuts, road rash, and torn ligaments can lead to infection, scarring, and reduced range of motion.
Amputations
In extreme cases, a limb may be so badly injured that it must be surgically removed, permanently changing the victim’s lifestyle and capabilities.
Emotional and Psychological Trauma
Accidents can lead to anxiety, PTSD, and depression, in particular when the injuries cause disabilities and are life-changing.
If you or a loved one has suffered any of these injuries, Skinner Law Corp is here to help you understand your legal options and fight for the compensation you deserve.
Does a Pedestrian Have Right-of-Way in Ventura?
Under the California Vehicle Code, Pedestrian’s Rights and Duties, “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection…”
When a pedestrian is hit while crossing at a crosswalk, the law is clear—they have the right of way, and all drivers are required to exercise due care, reduce speed, or take action to ensure the pedestrian avoids harm. Unfortunately, many drivers have committed a negligent act by speeding through an intersection with a marked crosswalk, injuring a pedestrian who should have been safe from harm. A claim or lawsuit can be filed to pursue fair compensation from the negligent driver.
Crossing at Unmarked Intersections: Who Has the Right of Way?
Some corners do not have marked crosswalks, but a pedestrian crossing at an unmarked corner still has a right-of-way. The law notes that pedestrians must also exercise care and not unnecessarily stop or delay traffic while crossing.
Insurance Claims in Pedestrian Accidents
Many pedestrian accidents will involve seeking compensation from the at-fault driver’s insurance company. Even with supporting evidence, the insurance company may try to reduce the value of the claim using various standard tactics. They may claim that the injuries sustained were only made worse by the accident, as the victim already had an existing condition. They may argue that the pedestrian was at fault to some degree to try to assign some percentage of fault. They may claim that the consequences of the accident are less serious than the victim asserts. Whatever the situation, our firm will relentlessly pursue all forms of compensation and present supporting evidence to dispel these assertions.
Statute of Limitations in California
The California Code of Civil Procedure outlines the Statute of Limitations for cases of injury or death due to a wrongful death. The time available to file a lawsuit is two years, after which you lose the right to seek compensation through the civil court system. It is imperative that legal action is initiated as early as possible, as all relevant evidence to support a claim or lawsuit must be gathered and preserved before it is lost or destroyed, eyewitnesses with vital information become more challenging to find, or their memories fade. Contact a personal injury attorney as early as possible to ensure your right to full and fair compensation is protected.
Contact Skinner Law Corp at 310-356-0074 to speak with our founding attorney, Troy Skinner, about what occurred. You can expect personalized, individual service.
