I'm the driver of a vehicle accident with a pedestrian, but with my witnesses I'm not at fault.
We need more facts. Has a lawyer filed suit against you on behalf of a client? Or are you being sued in small claims court? Did you have auto insurance liability coverage for this accident? If so, you should tender the claim to your insurer and they will provide a defense. You should not be unrepresented in this, witnesses or no. The exception would be if suit is in small claims court.
Generally speaking, in states with comparative fault such as CA, a person is responsible for the percentage of damage they caused. Tender the claim to your insurance company and let them handle it.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
California is a pure comparative liability state as to the plaintiff. By example, if the damages to the pedestrian are $100,000 and you are only 50% and the pedestrian is 50% the damages you are responsible for are $50,000 (50% of $100,000). Now this scenario doesn't necessarily follow the same lines if there are multiple parties responsible for the injuries to the pedestrian and the pedestrian is not at fault. So, if you and another driver are both 50% liable for an accident and the pedestrian is 0%, you would only owe 50% of the general damages (pain and suffering, non-economic damages) but you could, under Prop 51, be responsible to pay all of the special damages (medical bills, loss of use, economic damages).
If you have insurance, make sure they are aware of the accident. Good luck. Any questions, just ask.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline