In California, pedestrian accidents are a huge concern, with about 47% of all pedestrian fatalities involving alcohol, either on the part of the driver or the pedestrian, according to the California Office of Traffic Safety. While it’s commonly assumed that drivers are always at fault in such accidents, this isn’t always true.
According to pedestrian accident lawyer Mike McLachlan, an incident involving a pedestrian occurs when a motor vehicle collides with an individual who is not inside a motor vehicle. To put it simply, an individual who is traveling by walking. There is a significant risk of injury for pedestrians. Being involved in a pedestrian accident can have life-altering consequences, as pedestrians lack the same level of protection as those inside motor vehicles.
Pedestrians can also be found partially or fully responsible if they are jaywalking, crossing against a signal, or behaving unpredictably. So, it may or may not be your fault when hitting a pedestrian in California and determining fault requires a thorough analysis of the specifics of each incident because the state follows a comparative fault system where both parties can share liability in accidents.
These accidents can result in serious consequences for the pedestrian as well as the driver. Learn what these consequences are, as they affect your life in the long run.
Criminal Charges and Penalties
If you happen to hit a pedestrian in California, you can be held liable, and they can press charges against you. The extent of the pedestrian’s injuries, whether you were driving recklessly or under the influence, and if you stopped to help or fled the scene all affect how serious the penalties will be.
If the pedestrian suffers minor injuries and you weren’t driving negligently, you might be charged with a misdemeanor, facing fines up to $1,000 and possibly a jail sentence of up to six months. But if the pedestrian sustains severe injuries or dies as a result of the accident, you could be charged with a felony.
Felony charges come with much harsher penalties, including heavy fines and several years in state prison. Keep in mind that these penalties can have a lasting impact on your life, affecting your driving record, employment opportunities, and personal relationships.
Civil Liability and Compensation
When a pedestrian is hit in California, there’s the possibility of civil liability and the need for compensation to cover the resulting losses. If found negligent in causing the accident, you may face civil liability as the driver who hit the pedestrian. This means you could be held financially responsible for the pedestrian’s medical expenses, lost wages, pain and suffering, and other related damages.
In California, drivers are required to carry auto insurance that includes liability coverage. This insurance is meant to provide compensation to injured parties in accidents like pedestrian collisions. If you’re found liable for hitting a pedestrian, your insurance may cover the costs up to the policy limits.
If the damages exceed your insurance coverage, you could be personally responsible for the remaining amount. In such cases, the pedestrian or their family may choose to file a civil lawsuit against you to recover additional compensation for the harm caused. It’s best to handle these situations carefully and seek legal advice to understand your rights and obligations regarding civil liability and compensation.
Driver’s License Consequences
If you hit a pedestrian and are found to be at fault, your driver’s license may be suspended or revoked. The severity of the penalty often depends on the circumstances of the accident, such as whether you were driving under the influence, speeding, or engaging in reckless behavior.
If you are involved in a pedestrian collision in California, the Department of Motor Vehicles (DMV) has the right to take action against your driver’s license. Your license can be suspended as a result, which would make it illegal for you to drive in the state. If you are facing criminal charges in connection with the accident, the court may also further restrict your driving rights.
Insurance Ramifications
In the event that you injure a pedestrian in California, your insurance costs will probably go up. Depending on the severity of the injuries and damages, this increase may differ. If your insurance company labels you as a higher risk driver, your premiums may increase or your coverage may be cancelled. It’s important to review your insurance policy to understand your coverage limits and potential financial obligations in case of such an incident.
If the pedestrian decides to file a claim or lawsuit against you, your insurance company will handle the legal proceedings and possibly cover the costs, up to the limits of your policy. But if the damages exceed your coverage limits, you may be personally responsible for the remaining amount. To protect yourself from such financial risks, consider getting a higher liability coverage or an umbrella policy. Remember, being prepared for unexpected events can help reduce some of the stress associated with pedestrian collisions.
Legal Defenses and Mitigation
If you can demonstrate that the pedestrian was at fault—for example, by jaywalking or being intoxicated—you might be able to defend yourself in California. Another defense could be proving that you were driving within the speed limit and following all traffic laws at the time of the accident. It’s important to gather evidence to support your defense, like witness statements or surveillance footage.
Mitigation strategies can also help lessen the legal consequences. Demonstrating remorse and taking responsibility for the accident can show the court that you’re willing to make amends. Offering compensation for the pedestrian’s medical expenses or lost wages can also help mitigate the situation.
It is strongly advised that you seek legal representation in order to navigate the complicated legal system and make sure your rights are upheld.
Conclusion
In California, you might be in trouble if you hit a pedestrian with your car. The aftermath can be daunting, involving everything from civil liability and compensation to criminal accusations and penalties. Both your insurance premiums and your driver’s license could be at risk.
It’s important to understand the potential ramifications and seek legal advice to look for possible defenses and mitigations. Stay safe and drive carefully to avoid such situations in the future.