You are crossing the street one evening and out of nowhere a car runs the red light and strikes you. Luckily, the accident does not result in death, but you have sustained serious bodily injuries. After going to the doctor you are informed that you will be out of work for the next six weeks until you fully recover.
Not only has the accident left you emotionally distressed, but the accident has also left you with medical expenses and lost wages. You deserve to be compensated for the damages you have sustained and in these instances, and you should contact a San Diego car accident attorney at Injury Trial Lawyers, APC to assist you.
The Facts Concerning Pedestrian Accidents
According to the Los Angeles Times, California leads the nation with 23% of pedestrian deaths, which is well above the national rate. Statistically, the number of auto accidents are higher in urban areas versus rural areas and young children and the elderly are the most vulnerable in these situations. According to the National Highway Traffic Association, pedestrian fatalities account for 11% of motor vehicle fatalities.
Also, in the United States, the number of pedestrians injured in auto accidents is approximately 64,000 while approximately 5,000 are killed yearly. Though many things may contribute to this high number such as driving while impaired or distracted, speeding is a major contributing factor.
Just recently a San Diego resident was killed while crossing I-5, according to the San Diego Union Tribune.
If You Have Been Injured
Being injured can cast a burden upon your life ranging from pain and suffering expenses to emotional distress. Often times a person will file a claim with his or her insurance company as well as the driver’s insurance company. However, insurance companies do not often pay full medical expenses and may not even consider expenses for pain and suffering. Understandably so, after being in a pedestrian accident it is best to seek medical advice and legal advice.
The legal action that may be raised for a pedestrian accident is negligence. Negligence is the failure to exercise a reasonable duty of care under the circumstances. When one brings a negligence action the amount of damages that a person may be subject to depends on their level of fault.
In some jurisdictions, if you are at fault even minimally, you are not entitled to any relief. However, California is a pure comparative jurisdiction. A pure comparative jurisdiction means that the defendant may be entitled to pay the amount of damages for which he is at fault.
If you are at fault, then the defendant may be entitled to pay the entire judgement reduced by your level of fault. For example, if you are hit and your expenses equal $100,000 and you are 20% at fault and the defendant is 80% at fault, then the defendant will only be required to pay $80,000 because he is 80% at fault and not totally 100% at fault.
The San Diego courts routinely attempt to assess damage in order to properly award victims based on their respective level of fault.
Seek Legal Advice
Usually people will only seek out the insurance companies for compensation due to them. However, obtaining an attorney is invaluable in these circumstances. Don’t rely on the insurance companies to look out for your best interest. Call a San Diego attorney that has experience in this area and is here to help you. Contact us today so we can assist you.
Injury Trial Lawyers, APC
1230 Columbia Street #560
San Diego, CA 92101