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Hire a Temecula pedestrian accident lawyer that is willing to go head to head against any major insurance company getting in the way of your personal injury compensation. When you contact our offices for legal advice, you’ll never pay a single penny for the consultations. Our expert staff has helped locals of Temecula since 2015. Call now!



So how can you determine who is at fault Typically, determining fault is done by the law of negligence. Whoever is not using the necessary amount of care in the situation could be deemed negligent. It is possible (and even likely) that both a pedestrian and a car driver are negligent and both deemed at fault. Make sure you understand what to do at the scene of an accident if you are involved as either the driver or the pedestrian.

Many people wonder if it is possible for a pedestrian to be at fault in a car/pedestrian accident. You’ve probably heard that a pedestrian always has right of way. The fact is that a pedestrian can be at fault and be solely responsible for a car accident. 

In these situations, the pedestrian will not likely be able to get compensation for damages. In fact, the driver could sue the pedestrian for compensation. This is rare. It is more common that a pedestrian and a driver are both held partially at fault when there is an accident. Yet, there are a few situations where the pedestrian may be partially or fully at fault for an accident involving a car.

For example, if a pedestrian crosses the road in a spot that doesn’t have a crosswalk. Or if a pedestrian crosses against a red “Do Not Walk” traffic signal. If a pedestrian is intoxicated, there are rules about where he or she may walk. If he or she walks onto a street or highway, that pedestrian will be fully or partially at fault. The same applies if a pedestrian walks where there is a no pedestrian sign.

pedestrian being hit by a vehicle driving

Need to speak to a local Temecula Pedestrian Accident Attorney? Call now for a free case evaluation.


The majority of states in the US, including California, follow the comparative negligence rule. 

In this system, either the driver or the pedestrian can file a lawsuit against the other at-fault person. But the compensation either party can receive is reduced by his or her share of the fault.

For example, let’s say a drunk driver hits a pedestrian who was crossing the road while using a smartphone. A jury could find that the pedestrian was 25% negligent. 

That means that the pedestrian’s damages would be reduced by 25% because that is the percentage that is the pedestrian’s fault. This is called the “pure comparative negligence” rule.

Other states may follow a different variation of comparative negligence. This is called a modified comparative negligence. Under this rule, an injured person can claim damages from the other person involved in the accident if the injured person is less than 50% at fault. 

In this situation, the claimant’s damages are not deducted based on the percentage of his or her negligence. 


This system is black and white. There is no grey. Only a small amount of states use this system.  If, as the pedestrian, you contributed in any way to the cause of the car accident, you can’t file a liability claim against any other at-fault party.

That means that if you live in one of the four states that follow contributory negligence, and both the driver and pedestrian are partially at fault, each party is responsible for their own damages. Both the driver and the pedestrian could put a claim into his or her insurance company. But neither could file a lawsuit against the other person involved. 


Many times, both the pedestrian and the driver bear some of the faults. For example, if a driver was distracted or going too fast and a pedestrian jaywalked across a highway, both are partially to blame for the accident.

If both parties are considered negligent, what happens next? Our pedestrian accident lawyers have you covered.

Well, it depends on what state you live in. Each state has different rules about how to determine negligence. 

Some states, including Virginia, have a “pure contributory negligence” rule. If a pedestrian contributed in any way to the cause of a car accident, that person is ineligible to receive funds from the driver and the driver’s insurance company. 

Most states adhere to a comparative fault rule. This rule states that even if a pedestrian was partly at fault, he or she can recover some damages. Let’s look at both of these types of negligence. 


As you can see, there are various details that affect who is at fault and who can receive compensation due to an injury from a car/pedestrian accident. Also, getting damages could depend on individual insurance policies and the judge’s decision in a particular state.

If you were injured in a car accident, your best option is to seek advice from an experienced personal injury lawyer

Contact us at Temecula Personal Injury Lawyer.  The initial consultation is always free. And you don’t pay a penny unless you win. We will help you make sure you get the compensation you deserve. 


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