San Diego Pedestrian Accident Lawyer
Understanding Pedestrian Accidents
In bustling cities like San Diego, pedestrian accidents are unfortunately not uncommon. When these accidents occur, they often result in severe injuries or even fatalities. Our experienced team of San Diego pedestrian accident lawyers is here to guide victims and their families through these trying times, ensuring they receive the full compensation they’re entitled to.
Types of Pedestrian Accidents
Pedestrian accidents can take many forms, and understanding the type of accident can help identify the cause and who may be at fault.
- Crosswalk Accidents: These occur when drivers fail to yield to pedestrians in crosswalks, which is a common cause of pedestrian accidents.
- Hit and Runs: These tragic accidents occur when a driver hits a pedestrian and then flees the scene without stopping to help or report the accident.
- Turning Vehicles: Accidents often occur when drivers making turns fail to notice pedestrians crossing the street.
- Parking Lot Accidents: These occur when drivers reversing or maneuvering around parking lots hit pedestrians.
- Drunk Driving Accidents: Alcohol-impaired drivers are a significant cause of pedestrian accidents due to reduced reaction times and impaired judgment.
- Distracted Driving Accidents: Drivers who are texting, eating, or otherwise not paying full attention to the road can easily miss seeing a pedestrian.
Injuries Resulting from Pedestrian Accidents
Pedestrians have no protection in the event of an accident, which can lead to severe injuries. Some of the most common injuries in pedestrian accidents include:
- Head Injuries: Traumatic brain injuries (TBI) can range from concussions to more serious conditions like brain damage.
- Spinal Cord Injuries: These can lead to paralysis, loss of sensation, and other long-term complications.
- Broken Bones: The impact can break or fracture bones, requiring lengthy recovery times and potential physical therapy.
- Internal Injuries: These can include damage to organs, internal bleeding, or other internal harm that isn’t immediately apparent but can be life-threatening.
- Cuts, Scrapes, and Bruises: These are the most common types of injuries and can range from minor to severe.
- Psychological Trauma: Beyond the physical harm, pedestrian accidents can result in emotional distress, post-traumatic stress disorder (PTSD), and other psychological injuries.
Due to the severity of these potential injuries, it’s critical to seek medical attention immediately after a pedestrian accident, even if you don’t think you’ve been seriously hurt. Some injuries may not be immediately noticeable but can have severe long-term effects.
Pedestrian Laws in California
In California, pedestrians have the right of way in crosswalks, and drivers are obligated to yield to them. However, pedestrians also have a duty of care, which includes using crosswalks where available and not suddenly leaving a curb or other place of safety.
If a pedestrian is injured in an accident where the driver violated their right of way or was otherwise negligent, the pedestrian may be entitled to compensation. Even if the pedestrian was partially at fault, they might still be able to recover damages under California’s comparative negligence law.
The Process of Filing a Pedestrian Accident Claim
After a pedestrian accident, it’s essential to report the incident to the police, seek medical attention, and gather evidence, including driver details, witness statements, and photographs. Once these immediate needs are addressed, you should contact a pedestrian accident lawyer.
Our San Diego pedestrian accident lawyers can guide you through the claims process, beginning with an investigation to gather additional evidence and determine liability. We’ll then negotiate with insurance companies to seek a fair settlement. If a settlement cannot be reached, we’re prepared to represent you in court.
Frequently Asked Questions (FAQs)
- What should I do immediately after a pedestrian accident?
- Ensure your safety, contact law enforcement, seek medical attention, gather evidence if possible, and contact a pedestrian accident attorney as soon as you can.
- What if I was partially at fault for the accident?
- California follows a “comparative negligence” rule, which means you can still recover damages in a lawsuit, but your compensation might be reduced by your percentage of fault.
- How long do I have to file a claim after a pedestrian accident?
- In California, the statute of limitations for personal injury claims is typically two years from the date of the accident. However, exceptions may apply, so it’s best to consult an attorney as soon as possible.
- What compensation can I receive from a pedestrian accident claim?
- Compensation can include economic damages like medical expenses and lost wages, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.
- Who can be held liable in a pedestrian accident case?
- Liability can fall on various parties depending on the circumstances, including the driver, the municipality if unsafe roads contributed to the accident, or even the manufacturer of a defective vehicle part.
- What if the driver who hit me fled the scene?
- Hit-and-run accidents are unfortunately common. If you can’t identify the driver, your own uninsured motorist coverage may cover your injuries. A lawyer can help navigate this complex situation.
- How can a lawyer help with my pedestrian accident claim?
- A pedestrian accident lawyer can gather evidence, negotiate with insurance companies, and represent you in court if necessary. They can also calculate the full extent of your damages to ensure you receive fair compensation.
- What is a wrongful death claim in relation to pedestrian accidents?
- If a pedestrian accident results in death, the victim’s family may be able to file a wrongful death claim. This can provide compensation for losses such as funeral expenses, loss of companionship, and lost future income.
Wrongful Death in Pedestrian Accidents
If a pedestrian accident results in a fatality, the victim’s family may be able to pursue a wrongful death claim. This type of claim can provide compensation for losses such as funeral expenses, loss of companionship, and lost future income. Our compassionate attorneys can guide you through this difficult process.
If you or a loved one has been involved in a pedestrian accident, our San Diego pedestrian accident lawyers are here to help. Contact us today for a free consultation. We’ll listen to your story, answer your questions, and discuss your legal options.
Connect with Our Other San Diego Legal Services
At our firm, we understand that personal injuries can occur in many ways. For this reason, we offer a broad range of legal services to meet your needs. Feel free to explore our other Personal Injury practice areas in San Diego, which include:
- San Diego Car Accident Lawyer
- San Diego Truck Accident Lawyer
- San Diego Motorcycle Accident Lawyer
- San Diego Rideshare Accident Lawyer
- San Diego Bicycle Accident Lawyer
- San Diego Slip and Fall Accident Lawyer
Should you need legal assistance in any of these areas, don’t hesitate to contact us.
If you or a loved one has been involved in a pedestrian accident, our San Diego pedestrian accident lawyers are ready to fight for your rights. Contact us today for a free consultation.