San Diego Pedestrian Accident Lawyers
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Our San Diego Pedestrian Accident Lawyers Offer Legal Support And Guidance To Injured Victims
Truck accidents and pedestrian accidents share many common features in America’s Finest City. One driver does not have the protection of a larger vehicle and, therefore, is more likely to suffer serious bodily injuries. Pedestrians are not protected by any physical barrier when they suffer injuries in accidents. Collisions between trucks and pedestrians may cause the pedestrian’s death. If you have sustained injuries in an accident, contact our San Diego pedestrian accident lawyers.
If a truck strikes a smaller automobile, the driver and passengers of the car can have some protection from the body of the vehicle. Pedestrian accidents are so catastrophic because the pedestrian is completely vulnerable. If you have suffered injuries during a pedestrian collision with a car, you should focus on healing. Our pedestrian accident lawyers in San Diego can represent you and handle every aspect of your personal injury case.
A pedestrian accident lawyer can evaluate the accident scene, request medical records, and obtain copies of the police report associated with your accident. Our San Diego pedestrian lawyer can help you pursue compensation for your injuries and related losses. Contact our firm to schedule a free initial consultation. We can discuss the facts of your case and analyze your legal options.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
San Diego Pedestrian Accident Lawyers Serving America’s Finest City
If you suffered personal injuries during a pedestrian accident, your life might have been interrupted by doctor’s appointments, physical therapy sessions, and chiropractic treatment. You can seek monetary compensation for your personal injuries. The core issue regarding your pedestrian accident case is negligence. In a subsection of tort law, negligence is defined by four elements: duty, breach, causation, and damages.
Every element of negligence must be proven by clear and convincing evidence. Documentary evidence and eyewitness testimony are common forms of evidence used in personal injury cases. Our San Diego pedestrian accident lawyers understand how to develop a case strategy to help you pursue financial compensation for your personal injuries.
Initial settlement offers from insurance companies may not adequately cover all your losses. You may also encounter delays, disputes regarding liability, and claim denials. Our San Diego pedestrian accident lawyer can help you address these common issues and advocate for your interests throughout the process.
When providing information to any insurance company, stick to the facts of the accident, as your statements could impact your case. A pedestrian accident attorney can help you navigate interactions with insurers and advise you on what to say. You can also choose to direct all communications to your attorney and let them handle negotiations on your behalf.
The Common Causes Of Pedestrian Accidents
The following behaviors and actions are likely to cause pedestrian accidents:
- A young child enters a busy street without paying attention to oncoming traffic.
- A person enters an intersection that does not contain a crosswalk and fails to yield the right of way to oncoming traffic.
- An individual enters a busy intersection without obeying crosswalk signals.
- A person fails to trigger a pedestrian crosswalk signal before entering an intersection.
- A pedestrian enters a roadway as a vehicle is approaching, and the driver does not have time to yield.
- An automobile driver ignores crosswalk signals and does not yield to a pedestrian entering an intersection.
Pedestrian Accidents In San Diego And Issues Related To Liability
Personal injury cases focus on the elements of negligence and which party’s negligence caused the accident. Pedestrian accidents also follow this general pattern. Different parties may be liable for a pedestrian’s injuries. Individuals, business entities, and municipalities may all be liable for a pedestrian’s injuries. Every case features different facts and specific circumstances that affect all the elements of negligence.
Our San Diego pedestrian accident lawyers at Arash Law, led by Arash Khorsandi, Esq., will devote their time and energy to proving that another party’s negligent actions caused your injuries. Expert witnesses, depositions, and documentary evidence are only some of the tools used to establish the negligent party’s liability.
In California, you may have to account for your own negligent behavior. A financial award you receive in a personal injury case may reflect your own negligent actions that contributed to the accident. For example, if you ignored a traffic signal and then were struck by a passing vehicle, you were partially negligent for the accident. Any financial award you may receive could be reduced according to your own percentage of fault.
Pedestrians also have a duty of care not to enter crosswalks and busy intersections when many cars are passing through at high rates of speed. If you contributed to the accident in which you suffered injuries, you may receive a lower financial award. Speaking to our experienced pedestrian accident lawyer will help clarify any questions you have regarding contributory negligence.
A jury may be tasked with deciding which party is liable. Your case may go to trial if the parties do not reach a settlement agreement. The presentation of evidence and the examination of witnesses will influence the jury’s perspective of the facts. A knowledgeable and experienced San Diego pedestrian accident lawyer can investigate the incident and gather evidence to build a well-documented case. Our pedestrian accident lawyers have experience representing clients in California.
The Four Elements Of Negligence And Establishing Liability
- Duty of Care — The injured party bringing the case must establish by clear and convincing evidence that the responsible party failed to maintain the duty of care.
- Breach of the Duty of Care — Proving breach of the duty means establishing that the responsible party did not try to prevent the accident.
- Causation — The injured party must establish that the responsible party’s negligent actions caused the incident.
- Damages — Injured parties can seek financial compensation for their expenses related to emotional trauma, lost wages, and medical treatment.
If you lost a loved one, you might have the right to bring legal claims for damages. To learn more about wrongful death actions in California, consult our pedestrian accident attorneys.
Pedestrian Accident Laws In San Diego, California
Pedestrian accident laws in California are relatively clear and straightforward. Yielding the right of way is one of the most important aspects of pedestrian accident laws. The California Vehicle Code mandates that pedestrians use due care and not startle motor vehicle operators by suddenly entering the path of an oncoming automobile. Drivers are also expected to exercise reasonable care while operating a motor vehicle.
Regulations related to crosswalks also provide drivers with directions for yielding the right of way to pedestrians who enter marked crosswalks. Drivers and pedestrians must act reasonably to avoid injuring themselves and others in accidents. Individuals who use the roads must use them in a reasonable manner.
Less serious code violations may result in the pedestrian being at fault, as delineated in California Vehicle Code 21451. Pedestrians may walk across an intersection at an unmarked crosswalk or a marked crosswalk. But if a pedestrian is struck by a moving vehicle when the driver entered the intersection after the light turned green, then the pedestrian may be at fault for the accident.
When a light turns green, a pedestrian must still yield to all vehicles located within the intersection. If a pedestrian suffers injuries because they approached the crosswalk before the traffic signal turned green, it may mean that the pedestrian is at fault.
Striking A Pedestrian With An Automobile In California
Drivers may have criminal charges filed against them if they strike a pedestrian with an automobile. Drivers need to understand that criminal charges may arise from an accident in which a pedestrian was hit by a motor vehicle. Reckless driving occurs when a driver demonstrates a reckless disregard for the safety and well-being of others. Reckless driving charges are often associated with pedestrian accidents.
Largest motorcycle settlement in Tulare County in 2021; client suffered spinal and wrist injuries.– Judd Ross Allen
Personal Injury Accidents In San Diego
San Diego personal injury attorneys work on a contingency fee basis in California. A contingency fee is the price the represented party pays for the attorney’s legal services. The amount of this fee is typically a certain percentage of the total financial award given in a case. The fee is not assessed until the conclusion of the case. If the personal injury lawyer does not procure a monetary award for your injuries, then you do not owe any attorney’s fees for your legal representation. Clients may still need to cover some costs associated with the legal process, no matter the outcome of the case.
Many pedestrian accident lawyers offer a free initial consultation. During a consultation, the lawyer will evaluate the facts of the case and identify which parties may be responsible for the victim’s injuries. A pedestrian accident lawyer works diligently to help them navigate the legal process and pursue a favorable outcome. Several methods of alternative dispute resolution are available to help resolve cases efficiently. Mediation and arbitration are two of the most common forms of alternative dispute resolution.
A loved one or a family member may have died during a pedestrian accident in California. Speak with a pedestrian accident lawyer to learn more about wrongful death cases in California. A pedestrian accident attorney will help you understand your rights, explain the process of filing claims, and provide the support you may need during this difficult time.
Additionally, a pedestrian accident attorney can explain the basic elements of civil procedure and evidence law to you so you can understand more aspects of your case. Retaining a San Diego pedestrian accident lawyer may help you better understand your options for pursuing financial compensation.
What Duty Does A Pedestrian Have To Avoid Causing An Accident?
Pedestrians need to focus on being attentive to all the traffic laws affecting pedestrians. Many pedestrians cause accidents by not paying attention to crosswalk signals and surrounding vehicle traffic. Pedestrians need to stop at all intersections and only cross an intersection when a crosswalk is present. If a cross light is not present or if it is malfunctioning, a pedestrian should make sure all lanes are free of traffic before crossing any intersection.
Sidewalks exist to protect pedestrians and the operators of motor vehicles. Also, pedestrians wearing bright clothing may protect themselves from collisions with moving vehicles. Pedestrians should always look in both directions before crossing an intersection.
Contact us to schedule a free case review. Our pedestrian accident lawyers have decades of experience representing clients in San Diego. We serve clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and other nearby areas.
Jaywalking And Pedestrian Accidents In San Diego
Jaywalking is an American term used to define people who cross busy intersections or roads on foot. Individuals who ignore traffic rules are also known as jaywalkers.
Laws & Jaywalking
California Vehicle Code 21955 forbids jaywalking in California. The text of the law reads, “If a traffic device controls an adjoining intersection, a pedestrian shall not cross the road at a place except within a crosswalk.” If you have questions regarding jaywalking, speak to one of our San Diego pedestrian accident lawyers.
Pedestrians And The Right Of Way
At crosswalks and intersections, pedestrians hold the right of way. Many intersections have crosswalks designed to mark where pedestrians should walk clearly. Pedestrians do not always have the right of way. Drivers must use caution when approaching intersections and crosswalks. Generally, drivers must reduce their speed and make sure no pedestrians are inside the crosswalk.
Negligent Pedestrians
Pedestrians acting negligently or recklessly when walking across an intersection or while walking near a roadway may be liable for an accident that occurs due to this behavior. Pedestrians also must not walk in and out of traffic while moving along a sidewalk.
Pedestrians Who Are Struck While Jaywalking
Pedestrians who are struck while jaywalking may file legal claims against the negligent driver. These pedestrians may seek financial compensation for their injuries. The pedestrian may be partially at fault for jaywalking, but the negligent driver may also be liable if an opportunity existed to stop the crash from occurring. Drivers must take advantage of any opportunity available to prevent a collision from happening.
Pedestrians Who Walk In Front Of Vehicles
Pedestrians who walk out in front of a motor vehicle may be found liable for the accident. A driver may even be speeding and still not be held 100 percent liable for the accident. The pedestrian may be liable for any injuries suffered by the drivers and passengers inside the automobile.
Drivers Who Do Not Intend To Strike And Kill Pedestrians
Vehicular manslaughter and vehicular homicide are the charges that may be filed by the state against drivers who unintentionally contribute to the deaths of pedestrians and occupants of other vehicles.
Pedestrians At Uncontrolled Intersections
At uncontrolled intersections and crosswalks, pedestrians must pay attention to oncoming traffic. In the majority of jurisdictions, drivers must yield to pedestrians inside any crosswalk. The crosswalks may be unmarked or marked. Pedestrians must not intentionally delay traffic while inside an intersection or crosswalk.
The Damages Pedestrians May Recover In Pedestrian Accident Cases
Pedestrians may be entitled to pursue the following types of damages in pedestrian accident cases:
- Punitive damages may be awarded by the court, although in rare cases, if the party liable for the accident acted with extreme recklessness or negligence. Punitive damages are reserved for particularly grossly negligent behavior. Also, punitive damages are intended to punish the defendant and deter the defendant from committing the same act in the future.
- Loss of enjoyment in the things you once loved to do, but no longer can because of the nature of your injuries.
- Financial compensation for lost wages and supplemental benefits if you have to take time off after suffering injuries.
- Past and present medical bills that arose out of the medical treatment you received for your personal injuries.
Understand Your Legal Rights With The Help Of A Pedestrian Accident Lawyer In San Diego
Contact the San Diego Police Department after you suffer injuries during a pedestrian accident. You also need to obtain medical treatment for the injuries you sustained during the accident.
The San Diego Police Department will open an investigation and make a determination of cause regarding whether the driver who struck you was at fault. Also, law enforcement officers will determine if the negligent driver was distracted or intoxicated while driving. The law enforcement officers will also determine if the driver violated any traffic laws when the accident occurred.
You can request a copy of the accident report created and filed by the law enforcement agency that investigated the accident scene. While the state files criminal charges against the at-fault driver, you can also seek financial compensation for your injuries through a civil claim. The criminal case and the civil case will be entirely separate and distinct from each other.
If you suffered injuries during a pedestrian accident in San Diego, California, contact our firm at (888) 488-1391 or complete our “Do I Have A Case?” form here to schedule a free initial consultation. We can discuss the facts of your case and determine the legal options available to you. Our pedestrian accident lawyers at Arash Law have decades of experience representing clients in California. Our team also handles a wide range of personal injury cases, including car accidents, truck collisions, and dog bites.
We serve clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California.
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