Oceanside Pedestrian Accident Lawyers
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Our Oceanside Pedestrian Accident Lawyers Advocate For Your Rights After An Injury
Pedestrian accidents are unique to each person, and they can result from a wide range of factors. Our skilled Oceanside pedestrian accident lawyers can explain your rights after such an accident. You can reach us at (888) 488-1391 to schedule a free initial consultation.
Due to their lack of protection, pedestrians usually suffer serious injuries in accidents. The severity often depends on various factors, such as the speed of the vehicle and the pedestrian’s position relative to the car. If you were involved in such an accident, you can speak with a lawyer to explore your legal options.
Our attorneys strive to help injured victims pursue compensation for their injuries. Their process typically involves:
- Reviewing your case thoroughly.
- Conducting a case investigation.
- Gathering crucial evidence.
- Identifying involved parties.
- Calculating potential damages.
- Tailoring a strategy to clients’ needs.
- Negotiating with the insurers.
What Pedestrian Accident Lawyers Can Do
Pedestrians who get into accidents often sustain severe injuries. Our pedestrian accident lawyers in Oceanside can assist you if you suffer harm in such an incident. We can help you navigate the complexities of your case.
- Legal Representation — Lawyers are experienced in handling legal matters. From filing claims to negotiating settlements, they can be of help. Our attorneys have experience representing injured victims in negotiation and litigation.
- Investigate the Accident — We will gather evidence to help support your case. This proof may include police reports, witness statements, and surveillance footage.
- Negotiate With Insurers — Our lawyers handle negotiations with insurance companies. They use their experience to counter low settlement offers. Our goal is to pursue an amount that covers your current and future needs.
- Communicate With You Effectively — We strive to keep you informed about the progress of your case. If you wish to speak in a language other than English, translation services are available.
Our client was walking across the street when a distracted driver ran him over. His injuries revolved around his Traumatic Brain Injury, but the defense simply didn’t want to pay for it. After showing our knowledge and depth of brain injuries, that quickly changed, and the case was resolved weeks before trial. Our co-counselor, Omid Razi, masterfully worked up the case, and his expertise and teamwork led to justice for an amazing client.– BRIAN BEECHER
Deadline To File A Pedestrian Accident Case
In California, plaintiffs generally must file a personal injury lawsuit within two years of the date of the accident. Missing this deadline, referred to as the statute of limitations, may result in the loss of the right to file a lawsuit.
Some cases have shorter time limits for filing. For example, claims against government entities must be filed within six months of the incident. The following scenarios may result in an extension of the deadline:
- Underage Victim — If the injured individual is a minor, the time limit pauses until they turn 18. A parent or legal guardian may sue on behalf of their child while they’re still underage.
- Discovery Rule — The clock starts when the victim becomes aware of the harm and its connection to the defendant’s actions, or when they could have reasonably discovered it through diligent investigation. This rule aims to provide fairness to individuals who are unaware of the harm or its cause until some time after the event occurred.
- Defendant Flees the State — When the parties responsible for the injury leave California, the statute of limitations pauses until they return.
Timely filing of a claim is very crucial. Let our pedestrian accident lawyers in Oceanside review your case. They can explain your options if you are unsure about the deadlines that may apply to your situation.
Why Choose Our Pedestrian Accident Lawyers
Our Oceanside pedestrian accident lawyers have experience handling a wide range of accident claims. We aim to protect the rights of injured victims, regardless of their immigration status. Our goal is to help you pursue just compensation for your injuries. To accomplish this, we will:
- Handle legal matters on your behalf.
- Assist you at every stage of the legal process.
- Tailor a strategy to meet your specific needs.
- Take your case to court if there is no agreement on the settlement.
- Collaborate with medical professionals and accident reconstructionists, as needed.
- Answer your questions and meet you anywhere in Oceanside.
Frequently Asked Questions About Pedestrian Accident Claims
We have answered frequently asked questions that we receive from our clients. If you have specific questions for our Oceanside pedestrian accident lawyers, don’t hesitate to contact us.
How Much Do Oceanside Pedestrian Accident Lawyers Near Me Cost?
You do not have to pay any lawyer fees up front when you hire us. Our Oceanside pedestrian accident attorneys work on a contingency fee basis. They only get a percentage of the compensation they recover for you. This fee structure allows you to access legal representation without the need to pay attorney fees out of pocket.
We will not charge you the attorney’s fee if we don’t recover a settlement or win a court award on your behalf. You may, however, be required to pay other case costs depending on your case. Our lawyers will explain these possible additional fees before you agree to representation.
What Is The Average Pedestrian Accident Settlement In Oceanside?
There is no specific data available regarding the exact average number of pedestrian settlements in Oceanside. Several factors can affect the amount of a personal injury settlement. Our pedestrian accident attorneys in Oceanside consider the following when assessing the value of your case:
- The severity of the injuries.
- Insurance coverage.
- Medical bills and expenses.
- Lost income.
- Pain and suffering.
How Can I Pay For My Medical Bills After A Pedestrian Accident?
You can cover your medical expenses through health insurance or by filing a personal injury claim. It is advisable to consult Oceanside pedestrian accident lawyers to explore your options. Here are a few ways to pay your medical bills following a pedestrian accident:
- Health Insurance — Health insurance usually covers some medical expenses. The coverage will depend on your policy.
- Auto Insurance — Your auto insurance policy or the insurance policy of the other driver may cover your medical bills.
- Medical Liens — Law firms can help you find doctors who can treat you on a medical lien, which means no upfront treatment costs. The doctor is paid from your settlement once the case is resolved.
- Yourself — If you can pay your bills out of pocket, you can do so. If your claim is successful, you will receive reimbursement for these medical costs.
How Do The Crosswalk Laws Work In California?
In California, pedestrians have the right of way at both marked and unmarked crosswalks. It is the driver’s responsibility to yield to pedestrians crossing the road. These laws aim to protect pedestrians. Speak with our pedestrian accident lawyers in Oceanside if you are keen to know more about your rights.
Hurt in a Pedestrian Accident?
Common Causes Of Pedestrian Accidents
Some people prefer to walk instead of driving for health and environmental reasons. The city of Oceanside promotes pedestrian safety in its master plan, improving access to beaches, parks, and other amenities.
Like other locations in the state, most pedestrian accidents in Oceanside occur at intersections and crosswalks. There are various causes of pedestrian accidents, but the following tend to be the most common:
- Distracted Driver & Other Pedestrians — Distracted drivers, such as those using their phones, may fail to notice pedestrians crossing the street. Pedestrians who are texting may not see oncoming traffic. This negligence can cause harm to other pedestrians and bystanders.
- Impaired Drivers & Other Pedestrians — Drivers under the influence of drugs or alcohol may have slower reaction times, increasing the risk of accidents. Impaired pedestrians may struggle to navigate traffic. It can lead to accidents that cause serious injuries to pedestrians and motorists.
- Road Construction — Road construction can be dangerous for pedestrians. Uneven surfaces, unclear signage, and detours can increase the risk of accidents. Limited visibility increases the risk of accidents for pedestrians in these areas.
- Road Conditions — Poor road conditions, potholes, icy spots, and wet areas can lead to accidents. These hazards can make pedestrians lose their balance. They can also cause drivers to lose control of their vehicles.
- Bad Weather — Fog, rain, or snow can lower visibility. These conditions can also make surfaces slippery. These conditions make it harder for pedestrians and drivers to see ahead and react quickly.
- Dark Clothes at Night — Pedestrians wearing dark clothes at night can be less visible to drivers. It is especially dangerous in areas with poor lighting or in areas where drivers are not expecting pedestrians.
If you get hurt, our Oceanside pedestrian accident lawyers can help you seek compensation. We can help you determine the cause of your accident and identify who should be responsible for your injuries.
Types Of Pedestrian Accidents
Accidents can happen when walking, jogging, or crossing the street. These incidents can take place on crosswalks, at intersections, or on sidewalks. Here are some types of incidents our Oceanside pedestrian accident lawyers can handle:
- Backup Accidents — This occurs when a vehicle reverses into a pedestrian, often due to blind spots or driver error. Over-reliance on technology can also cause this. These accidents usually happen in parking lots or driveways.
- Intersection Accidents — These accidents occur when vehicles crash at intersections. These may be due to factors like speeding and running red lights. These accidents often result in serious injuries or fatalities.
- Crosswalk Accidents — Crosswalk accidents occur when vehicles hit pedestrians who are using designated crosswalks. These accidents often result from driver negligence, such as speeding or failure to yield. Pedestrians should stay alert and use crosswalks wisely to minimize risk.
- Jaywalking Accidents — To save time, many people cross streets where they shouldn’t. Such behavior often leads to accidents because drivers are unable to react in time.
- “Trapped” Pedestrian Accidents — A pedestrian can be trapped in a crosswalk if they step in while the “Walk” signal is on. Then, the signals change to “Don’t Walk” before they can complete the crossing. Drivers may enter an intersection when the lights turn green. However, they might overlook a pedestrian who is still crossing the street.
How Our Lawyers Prove Liability In A Pedestrian Accident Case
In many personal injury cases, negligence plays a crucial role in establishing fault. Our car accident lawyers in Oceanside who handle pedestrian accidents can assist in establishing these four elements to prove negligence:
- Duty of Care — Preventing others from harm is the purpose of this legal duty. For example, all drivers must maintain their vehicles in a safe condition. It is their responsibility to operate their cars securely, adhering to all traffic laws.
- Breach of Duty — A breach of duty occurs when someone fails to exercise the level of care that a “reasonable person” would in similar circumstances.
- Causation — This element requires proving that the at-fault party’s breach of duty directly caused the accident victim’s injuries. There are two types of causation:
- The first type is the actual cause. It means the injury wouldn’t have happened without the at-fault party’s actions.
- Next, the proximate cause refers to the injury being the direct result of the actions of the responsible party.
- Damages — Damages refer to any expenses due to someone else’s negligence, such as time, money, or emotional labor. To establish a claim, the injured victim must prove that the other party’s breach of duty directly caused the damages.
Comparative Negligence & Shared Liability In A Pedestrian Accident
Comparative negligence is a legal concept that assigns a percentage of fault to each party in an accident based on their degree of responsibility for the accident. It enables a fair distribution of damages based on each party’s contribution to the incident.
Shared liability occurs when multiple parties are responsible for causing harm to a pedestrian. Liable parties can include drivers, pedestrians themselves, or even property owners. To determine fault and responsibility, the court will conduct an assessment of the facts.
In pedestrian-involved accidents, a pedestrian may share liability with the driver if they were:
- Crossing the street outside of a designated crosswalk.
- Disregarding traffic signals.
- Walking under the influence.
Drivers may share responsibility with the pedestrian if they engaged in:
- Reckless driving or speeding.
- Failure to yield at crosswalks.
- Driving while distracted.
It can be helpful to speak with pedestrian accident lawyers in Oceanside about your case, given the complexity of these laws.
Who Can Be Held Responsible For A Pedestrian Accident
If you get hurt in a collision, our Oceanside pedestrian accident lawyers can help you identify potentially liable parties. The following parties may be held liable, depending on the circumstances:
- Negligent Drivers — Reckless drivers are often the primary parties held responsible for pedestrian accidents. These may include individuals who cause accidents because they failed to yield the right of way, drove drunk, or engaged in distracted driving and other reckless behaviors behind the wheel.
- Government Entities — Government entities may be liable if poorly maintained roads, malfunctioning traffic signals, or inadequate signage contributed to the crash.
- Vehicle Manufacturers — Vehicle manufacturers may also be held accountable if the accident is caused by a defect in the vehicle, such as faulty brakes. This scenario is especially true if the defect played a part in the accident.
- Third Parties — Third parties, such as construction companies or property owners, may also be held liable if their actions resulted in harm. They could be liable if unsafe road conditions or poor infrastructure contributed to the accident.
Typical Damages For Pedestrian Accident Victims
If you suffer harm, you can seek assistance from our Oceanside pedestrian accident lawyers. We can help you identify what types of compensation you can pursue. Common damages in pedestrian accident cases include:
- Medical Expenses — These include hospital bills, surgery costs, physical therapy, chiropractic treatment, and other related healthcare costs.
- Lost Income — This includes wages, salaries, bonuses, and other earnings lost because of the inability to work due to the accident. It also covers future income loss if the victim is unable to return to work or has a reduced earning capacity.
- Property Damage — This includes damage to personal belongings, such as clothing, phones, or other items, caused by the accident. Injured victims may be entitled to reimbursement for repair or replacement costs.
- Pain & Suffering — This can include compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the accident. It aims to address the non-economic impact of injuries on the quality of life of accident victims.
- Other Expenses — Some insurance companies cover parking fees at doctors’ offices, traveling to specialists’ offices, and home modifications for wheelchair accessibility. Remember to save your receipts to prove these expenses.
There is no doubt that a serious accident can have a significant impact on a person’s life. The following are some of the common injuries for which we can assist you in seeking compensation:
- Bone fractures
- Traumatic brain injuries
- Organ damage
- Soft tissue injuries
- Serious cuts and lacerations
- Spinal cord injuries
- Torn ligaments
- Internal bleeding
- Nerve damage
- Leg and knee injuries
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries.– JUDD ROSS ALLEN
What To Do After A Pedestrian Accident
Our pedestrian accident attorneys in Oceanside understand how overwhelming it can be to be involved in a pedestrian crash. We recommend taking the following steps in case of such accidents:
- Receive Immediate Medical Attention — Even if you feel fine, some injuries may not be immediately visible. Medical evaluations identify internal harm or other conditions that require treatment. Additionally, medical records can serve as crucial evidence in your case. Document the extent of your injuries and their impact on your life.
- Contact the Authorities — In the event of an emergency, call 911 or the police. Ensure that the authorities provide you with the official record. This report will be essential for your legal case and insurance claims.
Collect Crucial Evidence — Collect evidence such as photos of the accident scene, vehicle damage, and any visible injuries, if you can. This documentation may serve as important evidence for your case and could help establish the facts of the incident.
Here are several other pieces of evidence that can support your claim:
- Video surveillance footage
- Eyewitness statements
- Expert testimony
- Medical records
- Vehicle repair estimates
- Contact an Oceanside Pedestrian Accident Lawyer — Pedestrian accident lawyers can help you handle the complexity of your case. They work to pursue compensation for your losses. They can also handle communication with insurance companies and other parties involved.
Pedestrian Accident Statistics
In the first half of 2024, drivers hit and killed 3,304 pedestrians in the U.S. This data comes from a new study conducted by the Governors Highway Safety Association (GHSA). The data shows a 2.6% decrease from the previous year, but a concerning 48% rise compared to a decade ago.
In 2023, there were 7,314 pedestrian deaths, accounting for 18% of all crash fatalities. This figure represents a 78% increase from 2009, when there were only 4,109 pedestrian fatalities from motor vehicle crashes.
In 2022, there were 7,593 recorded pedestrian deaths, marking the highest number in over 41 years. This figure also accounts for 18% of 42,721 total motor vehicle deaths that year.
These data show an alarming number of incidents involving pedestrians. If you suffer injuries in an accident, our pedestrian accident attorneys in Oceanside can help you explore your legal options. We offer a free initial consultation to get you started.
Consult Our Oceanside Pedestrian Accident Lawyers For Guidance
If you were injured in an accident caused by careless or reckless drivers, you may feel overwhelmed. You may be seeking free accident lawyer advice to understand your rights and options. Personal injury lawyers can help you determine what damages may be recoverable and seek compensation based on your specific case.
Following an accident, you may wonder, “Do I need a personal injury lawyer to file a claim?” The answer depends on your needs. You may need an attorney to help you navigate the complicated legal process. Our Oceanside pedestrian accident lawyers have handled several pedestrian accident cases and are ready to assist you. Fill out our “Do I Have A Case?” form or call us at (888) 488-1391 to schedule a free initial consultation.
In addition to pedestrian accidents, we handle a range of other personal injury claims, including car crashes, truck collisions, Lyft accidents, dog bites, and wrongful death cases. Additionally, we assist clients in nearby areas, including Chula Vista, La Mesa, San Marcos, National City, Carlsbad, Solana Beach, Orange County, Imperial County, Riverside County, San Bernardino County, and Los Angeles County.
