Escondido Pedestrian Accident Lawyers
We’ll review what happened and tell you what options may be available.
Or, get LIVE help now — call our free 24-hour accident hotline at (888) 488-1391
Our Escondido Pedestrian Accident Lawyers Offer Legal Guidance After An Accident
Under California law, someone can be negligent in a pedestrian accident if they fail to use reasonable care and cause harm. If you get injured in Escondido because a motorist drove recklessly, you may have the right to pursue compensation.
Major highways, such as Interstate 15 (I-15) and State Route 78 (SR-78), intersect in Escondido. As a result, the city experiences heavy traffic that spills over into other streets, such as West Country Club Lane. Here, pedestrian accidents can happen when drivers fail to yield at crosswalks and intersections. They can also occur if defective traffic signals make it harder to tell when it’s safe to cross the street.
Because they lack the protection afforded to vehicle occupants, pedestrians can sustain severe injuries that disrupt their daily routine, including work, school, and even family activities. That’s why state law allows them to file personal injury claims against the at-fault party. Escondido pedestrian accident lawyers can help build these cases so victims can seek damages such as medical bills and lost wages.
Why Pedestrian Accident Cases In Escondido Are Different
In Escondido, pedestrian accident claims often highlight issues of right-of-way and visibility. These problems usually involve specific roads and crossings. Examples of such areas are West Country Club Lane and Juniper Street. On these roads, a car’s speed, as well as street lighting and intersection layouts, can help prove whether a driver used reasonable care.
To improve pedestrian safety, many crossings in Escondido have:
- Accessible pedestrian signals
- Improved striping and signage
- Pedestrian countdown safety timers
- Radar speed feedback signs
- Rectangular flashing beacon signals
The city government has these safety features installed in school zones, such as at the intersection of Reed Road and Moody Drive. Here, they’re meant to improve safety for more vulnerable pedestrians, including children. The presence of such infrastructure can help lawyers, insurers, and courts determine whether or not a driver did everything they could to avoid a crash.
Busy routes like SR-78 also pass through Escondido, which can impact pedestrian cases. Traffic jams on these roads can distract drivers. Vehicles here also travel at high speeds, which could worsen the impact of pedestrian crashes. Insurers may question injury severity when reviewing claims, as victims often seek higher settlement amounts if they need extensive medical care to recover.
Proof issues can also vary based on where the crash happened and which agency responded. For example, the Escondido Police Department (EPD) investigates collisions within city limits. Meanwhile, the California Highway Patrol (CHP) handles crashes on routes such as SR-78. Collision reports, camera footage, and witness follow-ups can affect how Escondido pedestrian accident lawyers and insurers assess liability.
Victims can file lawsuits in the North County Division of the San Diego County Superior Court. Cases that proceed to trial are heard at the courthouse in the neighboring city of Vista. This situation may create venue and scheduling challenges.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Serious Injuries In Pedestrian Accidents In Escondido
After a pedestrian accident, victims often sustain serious injuries because they have little physical protection from a crash. These severe outcomes can happen in Escondido. In 2023, the California Office of Traffic Safety (OTS) estimated that around 45 pedestrians were killed or injured in the city. In many cases, victims sustained:
- Broken or dislocated bones
- Lacerations and road rash
- Internal organ damage
- Back and spinal cord injuries
- Traumatic brain injuries
These severe injuries can lead to further complications, such as:
- Limb amputation.
- Paralysis.
- Cognitive impairment.
- Symptoms of post-traumatic stress disorder (PTSD) or anxiety.
Pedestrians who sustain serious bodily harm often incur significant costs related to medical treatment. They may also undergo extended recovery periods. The aforementioned OTS report adds that nine of the 45 pedestrians who were injured or killed in Escondido were children. The injuries caused by these accidents can permanently affect their long-term development.
These are all losses that victims can seek compensation for through a pedestrian accident claim. Receiving consistent medical care can create records that help them prove the extent of these injuries and the treatments they require.
Proving Liability In Pedestrian Accidents
Negligence forms the basis of personal injury claims in California. To prove that another party is liable for their damages, injured pedestrians in Escondido must demonstrate the following elements:
- The at-fault party owed a duty of care.
- They breached this duty.
- The breach was the direct cause of the accident.
- The accident resulted in actual harm.
In general, drivers must drive safely. Pedestrians also need to be careful, especially when crossing the street. Escondido pedestrian accident lawyers could identify either party as liable if they breach this duty of care.
For instance, suppose a driver runs a red light or a pedestrian crosses an intersection while looking at their phone. They may be found at fault for the resulting accident and could be legally responsible for the injured party’s losses.
Potentially Liable Parties In Escondido Pedestrian Accidents
In California, anyone whose negligent actions injure others may be liable for the resulting damages. The following parties may bear responsibility for a pedestrian accident in Escondido:
- Drivers — They may speed, fail to yield to pedestrians, or drive while distracted or under the influence.
- Cyclists or Other Pedestrians — A cyclist can hit and injure a pedestrian. Other pedestrians could also cause an accident. For example, if they jaywalk and a car has to swerve to avoid hitting them, the resulting crash could affect multiple people.
- Government Agencies — Caltrans and Escondido’s Public Works Department are responsible for maintaining public infrastructure. They may be liable if faulty traffic lights, confusing road signs, or dim streetlights contribute to a pedestrian accident.
- Automakers or Parts Suppliers — Faulty car parts can put pedestrians at risk. Common issues include defective brakes or headlights. Under California’s product liability law, automakers and parts suppliers can be held liable if these defects cause a crash.
Hurt in a Pedestrian Accident?
How Insurance Typically Applies In Pedestrian Accident Claims
California is an at-fault state, meaning claims in Escondido go through a negligent party’s liability coverage. Auto policies typically serve as the primary source of compensation.
After an Escondido pedestrian accident, different types of automobile coverage may apply depending on the facts of the case:
- The Driver’s Auto Liability Insurance — In California, motorists need to carry a minimum of:
- $30,000 for injury or death per person.
- $60,000 for injury or death per accident.
- $15,000 for property damage.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage — A pedestrian’s own UM or UIM coverage may apply even if they weren’t in a car at the time of the crash. These may cover damages if the at-fault driver has insufficient or no insurance. UM coverage could also apply after a hit-and-run if the driver can’t be found or identified.
- MedPay — Pays for medical bills regardless of who is at fault for the accident.
However, pursuing compensation from these policies isn’t always straightforward. Claims adjusters may raise disputes over:
- Fault — Arguments over the right of way can impact liability assessments. Though jaywalking is no longer penalized in California, the law still only allows pedestrians to do so when it’s safe. Insurers may argue that the injured party contributed to the accident if they created a hazard while jaywalking. For example, they might have crossed outside of a crosswalk without checking for oncoming traffic.
- Coverage — Which coverage applies may be unclear. To illustrate, consider a scenario in which a rideshare vehicle hits a pedestrian. Lyft and Uber accident lawyers would have to demonstrate why a rideshare company’s liability insurance should cover the resulting injuries.
- Injury Severity — This issue is particularly prevalent in crashes involving big rigs, as the size and weight of these vehicles can create impacts that cause serious bodily harm. Escondido truck accident lawyers usually have to collect detailed medical records to prove a victim’s injuries.
If these issues can’t be settled during negotiations, victims may have to take further legal action.
What Typically Happens After A Pedestrian Accident Claim Begins
After filing an Escondido pedestrian accident claim with the insurer, these events can occur:
- The insurance adjuster looks into the claim. They review evidence, such as official EPD or CHP reports, medical records from doctors, and recovery progress notes from therapists and chiropractors. They then determine who is at fault and confirm the damages outlined in the claim.
- The insurer offers an initial settlement. If the value differs from the estimated worth of the victim’s documented losses, an Escondido pedestrian accident lawyer can negotiate for another amount.
- If both parties agree to a settlement, the insurer pays the amount owed.
- If negotiations fail, a lawsuit may be filed in the North County Division of the San Diego Superior Court.
Causes Of Pedestrian Accidents
Some of the common reasons why car drivers hit pedestrians in Escondido are as follows:
- Using phones while driving can prevent drivers from noticing pedestrians. Other distractions that may lead to collisions include eating and using navigation systems.
- Drivers under the influence of alcohol or drugs often experience impaired reaction times, poorer judgment, and diminished awareness. Such effects may increase the chances of a crash.
- Speeding can reduce a driver’s reaction time, making it more challenging for them to avoid hitting pedestrians.
- Drivers who disobey traffic rules by running red lights or ignoring stop signs can hit pedestrians lawfully crossing the street.
However, driver error isn’t the only factor that can contribute to pedestrian accidents. These crashes can also occur due to the following reasons:
- The pedestrian may become distracted while walking and fail to notice an oncoming vehicle. For example, they may be looking at a phone or listening to loud music.
- Poor road infrastructure can also contribute to accidents. For instance, malfunctioning traffic signals can cause pedestrians to cross the street at the wrong time. Insufficient lighting can also make it harder for road users to see where they’re going.
- Defective car parts, such as braking systems, can make it harder for drivers to control their vehicles and avoid hitting pedestrians.
Possible Damages That Escondido Pedestrian Accident Victims May Pursue
Victims of negligence in California can pursue compensation for their losses through personal injury claims. After an accident in Escondido, injured pedestrians can seek different types of damages depending on the facts of the case, including:
- Economic Damages — Tangible losses that Escondido pedestrian accident lawyers can quantify using bills, receipts, and other documents, such as:
- Medical bills
- Rehabilitation expenses
- Lost wages
- Transportation costs for medical care
- Property damage
- Non-Economic Damages — Intangible or subjective losses. Examples of non-economic losses are:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
In rare cases, a court may award punitive damages for your claim. Their purpose is to punish the at-fault party for extreme negligence or intentional wrongdoing. Punitive damages also help deter the wrongdoer and others from similar actions.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Deadline For Filing A Lawsuit After A Pedestrian Accident In Escondido
California sets a strict time limit for filing personal injury cases, known as the statute of limitations. It gives individuals in Escondido two years from the date of their injury to submit a lawsuit. The San Diego County Superior Court generally dismisses cases filed beyond this time limit. However, there are some exceptions to keep in mind:
- Injured minors have two years from the day they turn 18 to file a case. If they need to take legal action earlier, a parent or legal guardian can do so on their behalf.
- For accidents involving government agencies, you have six months to submit an administrative claim to the relevant public entity. If it rejects your claim, you have six months from the date of the denial to file a lawsuit.
- In some cases, your injuries may not manifest symptoms immediately after the accident. The statute of limitations may only start on the day you discovered or should have reasonably become aware of them.
What We Handle In Escondido Pedestrian Accident Cases
After getting hurt in a pedestrian accident in Escondido, handling a claim on your own can be difficult. If so, you may be seeking free accident lawyer advice. The attorneys from an Escondido injury law firm can help:
- Gather and preserve relevant evidence, such as photos of the accident scene, CCTV footage, witness statements, and traffic collision reports from the EPD or CHP.
- Assess liability and identify your damages.
- Draft a demand letter and submit a claim to the at-fault party’s insurance company.
- Manage correspondence with the insurer and advocate for your rights during the claims process.
- Prepare your case and represent you in court, if necessary.
Frequently Asked Questions About Escondido Pedestrian Accidents
Below are common questions people often ask about pedestrian collisions.
How Much Does It Cost To Hire A Pedestrian Accident Lawyer In Escondido?
An Escondido lawyer’s fee depends on several factors, including:
- Case complexity
- Injury severity
- Whether your case goes to trial
If you sustained serious injuries or have reason to believe multiple parties contributed to your accident, an attorney may charge more, and costs may become a concern. That said, your follow-up question might be, “Do lawyers only get paid if they win?” If they work on a contingency fee basis, the answer is yes. Under this arrangement, you pay legal fees only if they win or settle your case. That way, you don’t have to pay for legal representation up front.
How Does California Law Define Right-of-Way For Pedestrians In Crosswalks In Escondido?
California defines right-of-way as someone’s legal authority to proceed first in traffic. When it comes to pedestrian safety, Escondido enforces California’s Vehicle Code, which requires motorists to yield to pedestrians at both marked and unmarked crosswalks. However, pedestrians also have a duty not to step off the curb suddenly and into oncoming traffic.
Can I Seek Compensation Even If I Am Partly At Fault For The Pedestrian Accident In California?
Yes. California uses a pure comparative fault system. Under it, you can still seek damages even if the insurer or court holds you partly liable for a pedestrian accident. However, they will reduce your damages by your percentage of fault. If the insurer or court finds you 25% liable, the compensation you may receive will be 75% of the original amount.
How Can I Deal With Escondido Insurance Companies After An Accident?
After a pedestrian accident, deal with Escondido insurance companies carefully. If you’re speaking to them on your own, only provide objective statements. For example, if they ask about the crash, limit yourself to giving them the facts. Try to avoid apologizing, speculating what caused the accident, or guessing who may be at fault.
Watching what you say can prevent you from accidentally contradicting the contents of your claim, which could lead to disputes during settlement negotiations. Additionally, note that you’re not required to give recorded statements to insurers in Escondido. If you’re unsure of how to respond to their questions or requests, you can consult a lawyer.
Who Is At Fault If A Motorist Hits A Jaywalker In Escondido?
It depends. California’s Freedom To Walk Act means jaywalking is no longer penalized in Escondido. However, that’s only true if it’s done safely. For example, suppose you looked both ways before crossing outside a marked crosswalk or against traffic signals. Despite taking these precautions, you still got hit. In this case, the driver may solely be at fault.
Conversely, you may share liability under California’s pure comparative negligence system if you jaywalked when it was unsafe to do so. Though you can still seek compensation from the driver who hit you, an insurer or court may reduce your damages by the percentage of fault assigned to you.
Can I Wait To File A Claim Until I Heal?
Yes. In many cases, this is ideal because you can better estimate both your current and future medical expenses once your condition has stabilized. In turn, you can make more informed decisions about whether to accept or reject the settlement offers you receive.
However, waiting to file a claim until you heal may not always be practical. First, you have the statute of limitations to consider. California’s statute of limitations generally gives you two years after the date of your accident to sue the at-fault party. If you start the claims process late, you may miss this deadline, barring you from taking further legal action if necessary.
Another concern is evidence preservation. Over time, proof of the accident may deteriorate, become inaccessible, or disappear. Witnesses may also forget some details of the crash. By filing a claim early, you’re more likely to have fresh, accessible, and reliable evidence.
Pedestrian Accident Safety Risks In Escondido
Pedestrians face safety risks when walking the streets or crossing roads in Escondido. Local reports about pedestrian accidents detail how injuries occur, emphasize the need for additional safety measures, and show why victims seek legal guidance for their next steps.
Contact Escondido’s Dedicated Pedestrian Accident Lawyers For Guidance
In Escondido, pedestrians are vulnerable to severe injury in accidents because they lack protection compared to other road users. If you get hurt in a collision, you can file an insurance claim to seek compensation. However, your injuries may prevent you from handling the case on your own. In this scenario, you might think, “I need a personal injury lawyer.” At Arash Law, our pedestrian accident lawyers in Escondido are ready to help.
Our legal team can investigate your accident and assess the validity of your claim. If you have a case, we can gather evidence, establish liability, and help you negotiate a settlement with insurers.
Beyond pedestrian accidents, our firm’s car accident lawyers handle claims arising from a wide range of traffic collisions. We also have attorneys with experience managing other personal injury cases, such as slips and falls and dog bites.
To learn whether you have a case, call Arash Law at (888) 488-1391. An Escondido pedestrian accident attorney can conduct a free case review.
Our legal team can arrange to meet you at your home or at a location convenient to you in California. We provide legal services to clients throughout Escondido and the following areas:
- San Marcos
- Vista
- Poway
- Encinitas
- Ramona
- Solana Beach
- Carlsbad
- Oceanside
- Fallbrook
- Lakeside
- Santee
- Bostonia
- El Cajon
- La Mesa
- Temecula
Our lawyers for pedestrian accidents in Escondido also offer legal services in major California cities, including:
- Los Angeles
- San Diego
- Sacramento
- San Jose
- Bakersfield
- San Francisco
- Fresno
