San Diego Pedestrian Accident Lawyer

When reckless drivers hit people walking or jogging, they need to be held accountable. Get the help you need by working with a San Diego pedestrian accident attorney.

Walking is generally considered a smart, healthy way to get from one place to another, especially in a beach community like San Diego. When there are a lot of pedestrians, however, there is also a significant potential for accidents with motor vehicle drivers. And when a vehicle collides with a human being, the damage can be catastrophic.

If you’ve been injured in a pedestrian accident and you weren’t responsible, you can recover compensation for your injuries. It isn’t always easy to determine who was at fault, however, as the blame could be split between the parties involved.

Don’t let an insurance company blame you for the wreck. Instead, let a San Diego pedestrian accident lawyer from The Kindley Firm, APC, fight for your compensation. Our attorneys can determine who was at fault, how much you are owed, and take your case to court, if needed.

Pedestrian Accidents and What Causes Them

As most accidents are preventable, this means that someone is usually at fault and therefore responsible for the damages caused. Pedestrian accidents can happen in the blink of an eye: when you are just walking along the sidewalk, trying to get home, or simply attempting to get to work. A car, motorcycle, or bicycle may come out of nowhere and hit you.

Maybe you were following all the rules for pedestrians and a reckless or distracted driver came out of nowhere, striking you in a crosswalk and changing your life forever. Whatever the circumstances, a pedestrian accident attorney from our office will be able to help you identify the cause and who was responsible:

• Speeding Drivers – Pedestrians often frequent residential areas: Children play in the streets or on the sidewalks, and people walk their dogs or walk to the local park. When drivers speed in these areas, they can hit a pedestrian because they aren’t able to stop in time.
• Traffic Congestion – Both drivers and pedestrians often become frustrated with traffic congestion, and they may break safety laws in order to shorten their commute time. This can be a dangerous choice to make. A motorcycle accident, for instance, can often occur when bikers split lanes, also putting pedestrians at risk.
• Drunk Driving – Intoxication can cause drivers to hit pedestrians, often at high speeds or unexpectedly.
• Two-Vehicle Collisions – When two or more vehicles collide, the force of the impact can push them into crosswalks or sidewalks, resulting in pedestrians getting struck.
• Distracted Driving – When drivers text while driving or don’t pay attention, they can easily strike pedestrians walking in the crosswalk or on the sidewalk.
• Infrastructural Deficiencies – If crosswalks are not properly marked or traffic signals not maintained, this can cause confusion for drivers and pedestrians, resulting in an accident.

Types of Injuries Sustained in Pedestrian Accidents

Pedestrian injuries are likely to be very serious, and you might be in the hospital for some time due to your wounds. Some of the more extensive injuries could affect your mobility, your ability to return to work, and even your capability to physically care for yourself.

Below, you will find some common injuries associated with pedestrian accidents:

• Brain Trauma – Traumatic head injuries impact cognitive functioning.
• Broken or Fractured Bones – Bone injuries are painful and could impact mobility.
• Cuts and Lacerations – Permanent scarring and possible infection could result.
• Back and Neck Injuries – Spinal damage can affect mobility and your ability to provide self-care.
• Loss of Limb – Amputation—traumatic or surgical—can be very painful, life changing, and psychologically damaging.

Compensation for Your Pedestrian-Auto Accident

Pedestrian accidents often cause extremely catastrophic injuries, for obvious reasons. Serious injuries will require extensive medical treatment, sometimes resulting in follow-up care for months or even years in some cases. You will need your compensation to cover all of these expenses for the injuries you suffered.

A lawyer can help you understand your rights in the wake of such an injury. They will also help you hold the at-fault party liable for their negligence and force them to compensate you for your losses.

In addition to medical costs, there will likely be other damages your pedestrian accident lawyer can help you seek compensation for:

• The pain and suffering you experienced
• Lost wages from missed work
• Lost future earning potential
• Mental health treatment
• The loss of your quality of life

California Laws Will Impact Your Pedestrian Accident Claim

Many California laws affect how personal injury claims for pedestrian accidents are filed. Legal consultants such as our firm can help you understand these laws and comply with them. Our personal injury practice lawyers also ensure that you can meet other legal requirements in time to speed up your claim.

California Right-of-Way Laws

Under California right-of-way laws, all vehicles must yield to pedestrians. This applies if you walked on a marked crosswalk or an unmarked crosswalk at an intersection. However, you must obey traffic signals when crossing a roadway.

If you are injured in a car or bicycle accident as you crossed a walkway with a right of way, the other party is very likely at fault. It is then easier to establish causation and prove negligence. However, several other factors need to be considered as well.

Comparative Negligence

The comparative negligence rule becomes involved in many pedestrian accident cases. This rule states that all the parties in a personal injury incident are assigned a percentage of fault, based on their degree of negligence. For instance, if evidence shows that you suddenly ran across the road, an insurance company may use it to prove that you were also negligent.

Accident lawyers pay attention to these factors to determine whether or not you were partially responsible for a pedestrian accident.

Statute of Limitations

California Code of Civil Procedure states that you must file a pedestrian accident claim within two years of the accident. This information is critically important for you as a claimant.

Our law office can help you only if you bring your claim within this period. There are some rare exceptions to this time limit and some clients may be able to file for damages even after two years have passed. Our lawyers can advise you on whether or not your claim qualifies for such an exception.

Connect with a San Diego Pedestrian-Auto Accident Attorney

Getting injured in a pedestrian collision will likely mean catastrophic injuries. These types of injuries could impact your life in the long term. Your mobility may be impaired, as well as your ability to return to work—and sometimes even your capacity to take care of yourself. You need to be fully compensated so that you can protect your future.

A San Diego pedestrian accident lawyer from The Kindley Firm, APC, can work with you on your case. We offer a free, no-obligation case evaluation, so contact us today at 619-550-1313 or use our online contact form below.