Pedestrian knockdown accidents: Is the driver always at fault?

When a pedestrian is struck by a motor vehicle, it’s usually the driver of the vehicle who is at fault. Pedestrians generally have the right of way. But there are times when the pedestrian may be at fault, as California personal injury attorney Neil Shouse explains in this video.

A pedestrian is most likely to be deemed at fault when the person is jaywalking, intoxicated, or distracted (such as walking across the street while typing on a smartphone).

Even if the pedestrian is determined to be partially at fault, he or she can often still prevail in a lawsuit under California’s comparative fault laws.

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