San Diego Pedestrian Accident Lawyers
- San Diego Pedestrian Accident Lawyers Serving America’s Finest City
- The Common Causes of Pedestrian Accidents
- Pedestrian Accidents in San Diego and Issues Related to Liability
- The Four Elements of Negligence and Establishing Liability
- Pedestrian Accident Laws in San Diego, California
- Striking a Pedestrian With an Automobile in California
- Personal Injury Accidents in San Diego
- What Duty Does a Pedestrian Have to Avoid Causing an Accident?
- Jaywalking and Pedestrian Accidents in San Diego
- The Damages Pedestrians May Recover in Pedestrian Accident Cases
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 during pedestrian accidents. Collisions between trucks and pedestrians may cause the pedestrian’s death. If you have suffered injuries in an accident, contact our San Diego pedestrian accident lawyers today. We have decades of experience representing clients in California and have recovered over $500 million for injured victims.
If a truck strikes a smaller automobile, it is possible for the driver and passengers of the car to 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 vehicle, 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. You are more likely to have a better outcome in your pursuit of financial compensation for your injuries if you retain our San Diego pedestrian accident lawyer. Contact our top-notch firm today to schedule a free 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 proved 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 an effective case strategy that will enable you to pursue financial compensation for your personal injuries.
Insurance companies may attempt to offer you a low settlement amount. No insurance company will offer you an initial settlement that is commensurate with your injuries. Insurance companies may use delaying tactics to deny your claim altogether. Our San Diego pedestrian accident lawyer will fight for your interests. You should not provide any insurance company with details or statements regarding your pedestrian accident.
Insurance companies may attempt to speak to you and have you admit liability. Do not put your pedestrian accident case at risk. When you retain a pedestrian accident attorney, you should only speak to that attorney and provide them with all the documentary evidence and eyewitness testimony you have regarding the accident.
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. Individual human beings, 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 receive will 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 would 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. Retaining a knowledgeable and experienced San Diego pedestrian accident lawyer is essential if you want to present the strongest case possible. Our pedestrian accident lawyers have decades of experience representing clients throughout 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 request financial compensation for their expenses related to emotional trauma, lost wages, and medical treatment.
If you survived the death of a loved one, you might have the right to bring legal claims for the damages. To learn more about wrongful death actions in California, contact our injury firm today at (888) 488-1391.
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 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 struck by a motor vehicle. Reckless driving occurs when a driver demonstrates a reckless disregard for the safety and wellbeing 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 thirty-three percent 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 financial award for your injuries, then you do not owe any fees for your legal representation.
Many pedestrian accident lawyers offer prospective clients a free consultation. During a consultation, the lawyer may learn about the case facts and determine which parties may be responsible for the victim’s injuries. A pedestrian accident lawyer may also have the ability to resolve an injured victim’s case sooner to reduce costs. Several methods of alternative dispute resolution are available for resolving your case sooner. 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. If so, you need to speak with a pedestrian accident lawyer to learn more about wrongful death cases in California. A pedestrian accident attorney will help you remain strong and focused during this painful time in your life.
Additionally, a pedestrian accident attorney will explain the basic elements of civil procedure and evidence law to you so you can understand more aspects of your case. You have a greater chance of recovering the financial compensation you deserve if you retain a San Diego pedestrian accident lawyer near you.
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 cross light 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 today to schedule a free consultation. Our pedestrian accident lawyers have decades of experience representing clients in San Diego. We have recovered over $500 Million for clients. We serve clients in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California.
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 and Jaywalking
California Vehicle Code 21955 forbids jaywalking in California. The text of the law reads, “If there is an adjoining intersection controlled by a traffic device, a pedestrian shall not cross the road at a place except within a crosswalk.” If you have questions regarding jaywalking, you should speak to one of our San Diego pedestrian accident lawyers that have been trusted for decades.
Pedestrians and the Right of Way
Pedestrians Who Are Struck While Jaywalking
Pedestrians Who Walk in Front of Vehicles
Drivers Who Do Not Intend to Strike and Kill Pedestrians
Pedestrians at Uncontrolled Intersections
The Damages Pedestrians May Recover in Pedestrian Accident Cases
Pedestrians may be permitted to recover the following types of damages in pedestrian accident cases:
- Punitive damages may be recovered if the party liable for the accident acted with extreme recklessness or negligence. Punitive damages are reserved for particularly egregious 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.
The Legal Rights Applicable to You After a Pedestrian Accident 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 suffered 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. If the state files criminal charges against the driver who struck you, you are still entitled to seek financial compensation for your injuries. 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 today at (888) 488-1391 to schedule a free consultation. We can discuss the facts of your case and determine the legal options available to you. Our pedestrian accident lawyers at Arash Law headed by Arash Khorsandi, Esq. have decades of experience representing clients in California. We have recovered over $500 Million for clients throughout California.