Our Experienced Orange County Pedestrian Accident Lawyer Protects Your Rights – Even If You Were Partly to Blame for the Accident

There are often multiple causes for a single pedestrian accident. If you were hurt in a pedestrian crash, a full investigation must be completed to determine why the crash occurred, who was at fault, and the percentage of each party’s liability.

An experienced Orange County pedestrian accident lawyer at Case Barnett Law can explain your rights, identify the right defendants, negotiate with insurers, and represent your interests in court so that your rights and possible compensation are protected even if you were partly at fault for the accident.

What Is Comparative Negligence?

California's approach to comparative negligence is known as "pure comparative negligence." This means you may still recover damages even if you were primarily responsible for causing the accident. However, your damages will be reduced by your percentage of fault because it would be unfair to hold the defendant accountable for your negligence.

For example, if you suffered $100,000 worth of damages in a pedestrian accident and you were 50% responsible for the accident, you may still recover $50,000 from the other person(s) who caused the crash.  

The principle behind this system is to divide the cost of damages equitably based on each party's contribution to the accident. The California Civil Jury Instructions (CACI No. 405) outlines how negligence on the part of the plaintiff can reduce their compensation proportionally. The instruction allows the jury to consider all factors to determine the equitable distribution of loss among the involved parties.

Analyzing Fault in Complicated Pedestrian Accident Scenarios

Fault determination is dependent on the specific circumstances of each case. For example, here’s how a pedestrian accident could be the fault of more than one party in different types of situations:

  • Pedestrians crossing the street. Many crashes occur when drivers fail to yield at crosswalks. However, if a pedestrian crosses against a traffic signal or jaywalks, they can be partly at fault. Evidence such as traffic camera footage and eyewitness reports may be essential in these cases.
  • Parking lot accidents. Parking lot crashes often happen when drivers fail to notice pedestrians while reversing or maneuvering into a parking space. Pedestrians could be partially liable if they were not using designated walkways or were distracted (e.g., using a phone). The positioning of cars and pedestrians, along with signage visibility, may help determine fault.
  • Hit-and-run cases. Hit-and-run cases are complicated by the absence of the at-fault driver. However, eyewitnesses, surveillance cameras, the location of the accident, and your account of the crash may make it possible to determine fault accurately

Each case requires a thorough examination of all contributing factors. 

Know What You Are Fighting For

Comparative negligence is not just an abstract legal concept. You deserve to make a full and fair recovery of financial damages for your pedestrian accident injuries. Your damages should include compensation for:

  • Medical expenses. These cover all costs related to your medical treatment, including emergency services, hospital stays, surgeries, medications, and ongoing rehabilitation. Future medical expenses can also be included if your injuries require long-term care or follow-up treatments.
  • Lost income. If your injuries prevent you from working, you can claim compensation for lost income. This includes the wages, benefits, raises, and self-employment income you've already lost and future earnings if your injuries impact your ability to work long-term or force you to take a lower-paying job.
  • Pain and suffering. These non-economic damages compensate you for the physical pain and emotional distress caused by the accident. The amount is typically based on the severity of your injuries and how they affect your daily life and overall well-being. For example, if your injuries prevent you from engaging in hobbies, sports, or other activities you once enjoyed, you may be entitled to compensation for this loss. This damage recognizes the impact of the accident on your quality of life beyond just physical pain.
  • Property damage. You can claim compensation for any personal property damaged in the incident. This might include items like a smartphone, laptop, or expensive clothing that was damaged or destroyed during the accident.
  • Disfigurement or permanent disability. If the accident results in scarring, amputation, or any permanent disability, you may be entitled to additional compensation. These damages account for the long-term physical and emotional impact of life-altering injuries.

Other damages may also be possible based on your unique injuries and losses.

How an Orange County Pedestrian Accident Lawyer May Help You

Lawyers play a pivotal role in accident claims. At Case Barnett Law, we:

Gather and Analyze Evidence

Our attorneys will gather evidence such as:

  • Surveillance footage
  • Accident scene photos
  • Witness statements

We may also use forensic analysis to reconstruct the incident. This comprehensive approach ensures that all aspects of the case are thoroughly documented. This can help accurately represent your situation and potentially reduce your fault liability.


Our lawyers have a comprehensive understanding of California's traffic laws and insurance regulations. We can handle negotiations with insurance companies on your behalf. 

Strategic Court Advocacy

We are prepared to go to court if settlement negotiations fail to provide you with fair compensation. We can craft compelling arguments for effectively presenting your case to a judge. 

Client Success Stories and Case Highlights

At Case Barnett Law, our client testimonials reflect our commitment to delivering outstanding legal representation. For example, here are what some of our clients say about us:

  • “I highly recommend Case and his staff for any personal injury lawsuit. Case understands that the insurance companies use delay tactics to frustrate the client into settling for less than their case is worth. Case will fight as long as it takes so you get a fair settlement.” -Anthony G.
  • “…We were very fortunate to find Case Barnett. He, and his team, were immediately there for our child -assisting in all of the details big and small, necessary to deal with the difficulties following an accident. Our relief was immediate and incredible that we've found someone who cared about our child's well being first and foremost and who was going to help us "make it right" again. If you're in need of an outstanding and caring legal team in Southern California to help you with an accident or personal injury situation, call Case Barnett.”  -Terri
  • “Case is the best! Case knows what he is doing and takes care of you. Returns calls on the weekend, and puts your mind at ease. Started out as my lawyer, eventually became a friend I can confide in and now feels like family with the way he treats you. Warm and welcoming and always working hard.” -Nima

This dedication is also evident in cases such as Akram v. Jones. This case involved comparative fault in a California pedestrian accident. Our client received a $100,000 settlement.