Legal Question in Personal Injury in California

Re: Automoble vs. Pedestrian

I depends on the sequence. If you had a look out at all times and the pedestrian stepped out not giving you a chance to stop, you probably have a defense.

Re: Automoble vs. Pedestrian

Your question has been sent to me as I specialize in personal injury law.

You would not "automatically" be found 100% at fault in the fact pattern you presented but there is always the strong presumption that the person who was backing up bares some responsibility.

You would have to show by diagram, by witnesses or by other evidence that you were keeping a proper lookout and that you were acting reasonably under the circumstances and that the pedestrian was far enough away that he could reasonably avoid your vehicle. Obviously, if you had insurance at the time of this accident, your insurance claim's department would also help you develop evidence to refute any fault on your part.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW,

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