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APPORTIONMENT OF FAULT: What if I was partially at fault for the accident because I was either running across the street, or walking outside of a crosswalk?

 

A:

You still may have a claim for bodily injuries since California law implies a duty on drivers of motor vehicles to still exercise their vehicles in reasonable due care of pedestrians; also California law is a comparative fault state, and allows apportionment of fault to be determined; for example 50% against the driver, and 50% against the pedestrian, or 75% against the driver, and 25% against the pedestrian, and so on.  A California pedestrian must exercise reasonable care for his or her own safety; the care required of the pedestrian must be in proportion to the danger to be avoided, and the consequences that might be reasonably anticipated.
 




More Legal Questions About Pedestrian & Bicycle Accidents in San Diego, California?

Do you have more legal questions about San Diego, California Pedestrian & Bicycle Accident Cases?  Return to the Pedestrian & Bicycle Accidents in California Frequently Asked Legal Questions page. 
 

The Law Offices of Mark C. Blane, APC
GOLDEN EAGLE PLAZA
525 B Street, 15th Floor
Toll Free:  (888) 845-6269
Direct:  (619) 813-7955
  The San Diego California Pedestrian & Bicycle Accident Attorney that offers FREE books to anyone BEFORE they speak to a Lawyer, or a Claims Adjuster, and signs any Forms; also we represent clients across Southern California including the following areas: 


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    San Diego, CA 92101
  • Phone: 619-813-7955
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