On March 21, 2015, Jasmina Uson sustained severe injuries when she was struck by a pickup truck as she was pushing her one-month old baby in a stroller. The collision occurred while Uson was crossing a private parking lot on Caldwell Avenue.
Further investigation into the facts of this incident are in order. Often, the driver of the vehicle that strikes a pedestrian will be at solely at fault for the accident and will be responsible for compensating the pedestrian victim. However, even in cases where the pedestrian is also partially at fault (such as in cases where the pedestrian was not in a crosswalk) for the accident, the pedestrian can still recover partial compensation under California’s system of comparative negligence.
In cases involving comparative negligence, a court will apportion a percentage of responsibility for the pedestrians injuries to each party. For instance, it might determine that the driver was 60% at fault and the pedestrian was 40% at fault. If the pedestrian had $100,000 in medical bills, she could then recover $60,000 from the driver of the car.
If you or a loved one have been involved in an accident involving a pedestrian and a motor vehicle, please give attorney John Rozier a call at (559) 713-0159.