San Diego Pedestrian Accident Lawyer

Being involved in a pedestrian accident can be a life-altering and tragic experience, leaving you with physical, emotional, and financial burdens. At West Coast Trial Lawyers, our San Diego pedestrian accident lawyers are committed to standing by your side during this difficult time. We understand the overwhelming challenges you face and are dedicated to securing the justice and compensation you deserve. With our expert legal representation, we’ll navigate the legal complexities, gather crucial evidence, and fight tirelessly to make sure your voice is heard.

Let us help you to secure the justice and peace of mind you deserve. We specialize in accident claims and are here to support you every step of the way. Call our law firm directly (213) 927-3700 or use the online contact form to speak to our legal staff today.

Do You Need a Pedestrian Accident Lawyer?

At West Coast Trial Lawyers, we are dedicated to providing exceptional legal representation when you need it most. Our president, Neama Rahmani—one of the youngest graduates in Harvard Law School’s history—leads our team with unparalleled expertise. Unlike many other firms, we are available 24/7 and can come to you wherever you are. Our large multilingual staff is ready to answer any questions you may have, ensuring clear communication every step of the way. Plus, we operate on a contingency fee basis which means you won’t pay a thing unless we win or settle your case.

Benefits of Hiring a Lawyer

By hiring a San Diego pedestrian accident lawyer, they can help you with a variety of things that will ensure your odds of recovering compensation for your damages. For instance, a pedestrian accident lawyer can conducting a full scale investigation to identify the responsible parties and preserve all relevant evidence, offer professional legal guidance when you need it, and ultimately, do everything in their power to help you win the compensation you are entitled to. This specialized expertise at your expense can be critical in navigating your legal journey and guaranteeing a successful outcome for your case.

In addition, attorneys can assist in seeking damages for both physical and emotional injuries, certifying that the settlement you receive is fair. Experienced pedestrian accident attorneys are pros at calculating damages, filing claims, and negotiating with insurance companies to protect your interests. As accident attorneys understand the intricacies of these cases they can offer invaluable support especially during negotiations with insurance companies.

Insurance companies frequently employ victim-blaming strategies to minimize payouts and save costs. They make you feel like you’re the responsible party and use recorded conversations to make their point. With that in mind, it is important that you are careful with what you say on the phone to an insurance adjuster! Having a lawyer speak on your behalf can make a huge difference in your accident claim. A San Diego pedestrian injury lawyer can counter insurance company tactics, safeguarding you from unjust blame for the accident.

California’s Pedestrian Laws and Right of Way

California has specific laws and regulations governing pedestrian accidents, including the right of way and liability. Understanding these laws is essential in determining fault and recovering compensation. The state’s legal framework aims to protect pedestrians and ensure that drivers exercise due care to prevent accidents.

California Vehicle Code Section 21950 requires drivers to yield to pedestrians in crosswalks and at intersections. Pedestrians, in turn, are required to exercise reasonable care and caution when crossing streets. Considering how complex pedestrian accidents can be, California’s pure comparative negligence system is also applicable to pedestrian accidents, which means that injured parties can recover compensation even if they are partially at fault.

San Diego Pedestrian Accident Statistics

Pedestrian accidents are a significant concern in California, particularly in San Diego. These accidents can result in severe injuries and fatalities, causing immense physical, emotional, and financial burdens on victims and their families. According to the National Highway Traffic Safety Administration (NHTSA), San Diego witnessed 529 incidents of pedestrian deaths or injuries in 2023. In the city, pedestrians and bicyclists are frequently involved in collisions with vehicles along the same roadways. The aftermath of such accidents often involves extensive medical treatment, rehabilitation, and a long road to recovery.

Back In 2022, there were 982 pedestrian-involved car accidents in San Diego County, making up 7.6% of all traffic collisions. San Diego, in particular, has seen a high rate of pedestrian accidents, with numerous crashes reported in recent years. These alarming statistics highlight the need for increased awareness and caution among both drivers and pedestrians to prevent such accidents.

Common Causes of Pedestrian Accidents in San Diego

Knowing the frequent causes of pedestrian accidents in San Diego can aid in traffic safety and in determining fault in a legal dispute. The primary causes include distracted driving, right-of-way violations, and poorly designed intersections. Each of these factors contributes significantly to the incidence of pedestrian accidents and the resulting injuries. Understanding these causes is crucial for effective accident prevention.

Distracted Driving

Distracted driving is a significant cause of pedestrian accidents in San Diego. In 2020 alone, 587 pedestrians and cyclists in the U.S. were killed due to distracted driving. This often occurs when drivers are distracted while approaching a stoplight, failing to notice pedestrians. A survey revealed that over 18% of Californians see distracted drivers as a major safety issue, underscoring the need for vigilance on the road. These statistics highlight the urgent need for drivers to stay focused and for pedestrians to remain aware of their surroundings. Beyond endangering the driver, distracted driving presents a substantial risk to pedestrians, thus making it an issue of utmost importance to tackle.

Right-of-Way Violations

Right-of-way violations are another common cause of pedestrian accidents, often leading to pedestrian injuries. Drivers frequently neglect their responsibility to yield the right of way to pedestrians, resulting in various traffic incidents. These violations typically occur when drivers fail to yield while making turns or when motorists do not stop at crosswalks in time. Such negligence can result in severe injuries for pedestrians and underscores the importance of adhering to traffic laws. A significant reduction in pedestrian-involved traffic accidents can be achieved if drivers respect pedestrian right-of-way.

Poorly Designed Intersections

Poorly designed intersections are a significant hazard for pedestrians. Intersections without traffic control signals or crosswalks are particularly dangerous, as they have a higher correlation with fatal pedestrian accidents. These intersections often lack adequate lighting or visibility, further increasing the risk of accidents.

Improving intersection design, adding protective crosswalks with signals, and enhancing visibility can create a safer environment for pedestrians. Some ways to achieve this include:

• Redesigning intersections to prioritize pedestrian safety
• Installing crosswalks with traffic signals to protect pedestrians
• Enhancing visibility by trimming trees and bushes near crosswalks

Rectifying these design flaws plays a key role in lowering the incidence of pedestrian accidents in San Diego.

Types of Injuries Associated with Pedestrian Accidents

Pedestrian accidents can result in a wide range of injuries, from minor cuts and bruises to severe and life-threatening conditions. Some common types of injuries associated with pedestrian accidents include:

• Head injuries, including traumatic brain injuries and concussions, which can lead to long-term cognitive and physical impairments.
• Spinal cord injuries, such as paralysis and herniated discs, which can drastically alter a victim’s quality of life.
• Broken bones and fractures, including arms, legs, and ribs, often requiring surgical intervention and extensive rehabilitation.
• Soft tissue injuries, such as sprains, strains, and bruises, which can cause chronic pain and long-lasting complications.
• Internal injuries, including organ damage and internal bleeding, necessitating long-term medical monitoring and treatment.

These injuries can have profound and lasting effects on accident victims, making it essential to seek immediate medical attention and legal assistance to recover compensation for medical expenses and other damages.

Long-Term Effects of Pedestrian Accident Injuries

Pedestrian accident injuries can lead to long-term and life-altering effects. Traumatic brain injuries (TBIs) can result in cognitive, physical, and psychological impairments that may worsen over time without proper treatment. Spinal cord injuries can cause partial or complete paralysis, significantly impacting the victim’s quality of life.

Other serious injuries include:

• Internal organ damage, such as ruptured organs or internal bleeding, often requires long-term medical monitoring and can lead to serious injuries
• Broken bones may need surgical intervention and extended rehabilitation, sometimes leading to permanent activity restrictions
• Soft tissue damage can result in chronic pain or long-lasting complications.

The financial burden of ongoing medical care and rehabilitation for these injuries can be overwhelming. Obtaining sufficient compensation is essential to cover these enduring medical expenses and to maintain the victim’s financial stability. It is crucial for the victim to recover compensation that addresses their needs.

Steps to Take Immediately After a Pedestrian Accident

First and foremost, if you have been hurt in a pedestrian accident, it is vital that you seek immediate medical attention, even if you don’t feel seriously injured. Some injuries may not be immediately apparent, better to be safe and seen by a clinician at a hospital. You can later revert back to your medical records if needed for your case. If you were traveling with a friend or loved one call for medical help and stay with any injured person until assistance arrives.

Contact the police and remain at the scene until they arrive. The police report will be a vital piece of evidence for your pedestrian accident claim. While waiting, document the accident scene by noting down contact information, accident details, and taking photos. Remember to be cautious about making statements or apologizing, as this could be interpreted as admitting fault.

Finally, seek a legal consultation with a personal injury lawyer to discuss your case and protect your rights. While it’s also important to report the accident to your car insurance company, you should refrain from discussing fault or specifics until you’ve consulted with your lawyer. Taking these steps can significantly impact the outcome of your pedestrian accident case.

Proving Negligence in Pedestrian Accident Cases

Establishing negligence in a pedestrian accident case is key to securing compensation. This involves establishing four key elements:

1. Duty of reasonable care
2. Breach of duty
3. Proximate cause
4. Damages

The first step is to determine how the accident happened and who caused it, which requires establishing fault through a thorough investigation. Gathering strong legal evidence, such as eyewitness accounts and other documentation, is essential to support claims and establish liability. Expert witnesses can also play a significant role by providing specialized knowledge or analysis to strengthen the case.

In court, a skilled lawyer presents the case to the jury, who will then make decisions based on the evidence provided. Retaining an experienced lawyer is invaluable in ensuring that all required elements are substantiated and in receiving a just compensation for your injuries.

Compensation Available for Pedestrian Accident Victims

Pedestrian accident victims may be entitled to various compensatory damages. Economic damages typically cover medical expenses, lost income, and repair costs, while non-economic damages address physical pain, emotional distress, and reduced quality of life. These damages aim to restore the victim’s financial recovery and emotional well-being. In certain cases, punitive damages may also be awarded if the at-fault driver acted with fraud, malice, or oppression. These damages serve to punish the driver and deter similar behavior in the future.

The compensation amounts can vary widely, with minor injuries resulting in payouts between $10,000 and $75,000, while severe injuries can lead to compensation exceeding $10,000,000. Being aware of the potential compensation can assist victims and their families in planning for their financial recuperation. Get an idea of your claim’s value with our in-house Personal Injury Calculator.

How Comparative Negligence Affects Your Claim in California

California follows the pure comparative negligence rule, which allows injured parties to seek compensation even if they are partially at fault for the accident. This means that you can recover damages even if you are up to 99% at fault. The compensation, however, will be reduced by the percentage of fault assigned to you.

In cases involving shared fault, the jury will assign percentages of fault to each party involved, a process known as fault determination. For example, if you are found 30% at fault, your compensation will be reduced by 30%. Comprehending this rule is key to formulating realistic expectations and devising your legal strategy.

Deadlines for Filing a Pedestrian Accident Lawsuit in California

In California, the statute of limitations for filing a pedestrian accident lawsuit is two years from the date of the incident. It’s important to be aware of this timeframe in order to take action within the given period. Adhering to these legal deadlines is vital for your case to be considered. If the injury is not immediately noticeable, the statute of limitations may begin from the date the injury is discovered.

For claims against the government, the deadline is even shorter, typically requiring a notice of the claim within six months. Missing these deadlines can result in losing your right to seek compensation, so it’s essential to take timely action and consult with a lawyer as soon as possible.

West Coast Trial Lawyers Is Here to Help

If you have been injured in a pedestrian accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to:

• Schedule your free case evaluation with a personal injury attorney
• Discuss the details of your accident and injuries
• Receive expert legal advice on your options
• Learn how we can help you obtain the compensation you deserve

Our seasoned lawyers blend considerable courtroom experience with a tenacious mentality to ensure that you receive the best possible legal support. Our personal injury lawyers understand the lengths big insurance companies will go to limit payouts in a personal injury lawsuit and, as a result, they are prepared to stand up to them at every stage of the process. No matter what kind of injury you have suffered, our lawyers believe everyone is entitled to justice and are prepared to go to trial if necessary. We have recovered over $1.6 billion in financial compensation for our clients and we will continue to work aggressively to help you recover the financial compensation and support you need on your road to recovery.

Call (213) 927-3700 or use the online contact form to schedule a free consultation with our legal staff. Let us fight for the justice you deserve.