Pedestrian accidents are extremely common, particularly among individuals paying attention to their phones, listening to loud music, or simply not paying attention to the road.
Though many accidents can be attributed to some pedestrian misconduct, the vast majority of accidents are due to driver negligence. Generally speaking, pedestrians have the right of way and this is especially true at crosswalks and on college campuses.
Unfortunately, even when we are walking with our eyes up and our ears listening, accidents do happen and drivers should be held accountable for the injuries they cause.
Understanding the Personal Injury Case
College campuses are one place where pedestrian accidents are all too common. With distracted students and drivers, bicyclists, skateboarders, and masses of people, it can be difficult to stay safe while walking on campus.
For example, in October 2015, an Uber driver struck a pedestrian near San Diego State University, causing serious injury. These accidents are unique and demonstrate what most personal injury cases rely upon in proving who caused the accident.
If you are hit by a vehicle, the driver’s auto insurance (theoretically) is what will cover your medical expenses. There are concerns that you may miss school, work, or lessen your earning capacity if you suffer permanent disability or injury, as well.
Your financial losses incurred due to an accident are called damagesz. In a basic personal injury case, the injured party is asserting that another party was both the direct and proximate cause of the injury. That is, but for the driver’s conduct, you would have not have become injured and also that the event is sufficiently related to the cause of the injury (i.e. there was not an external third factor that caused the incident).
In the same case, the plaintiff (or the injured party) must also prove that the driver had a duty to drive safely and that they breached this duty by hitting you. As drivers generally have a duty to watch out for other cars and people in their paths, causation is usually what most personal injury cases are litigated over.
Once a plaintiff proves each element of duty, breach, causation, and damages, the case is complete and the plaintiff will be entitled to the amount of damages the trier of fact (the judge or jury) finds appropriate given the circumstances, nature of the accident, and nature of the injuries.
San Diego, California Pedestrian Accident Attorneys
Even if you believe you were partially responsible for an accident as the pedestrian, or if the court finds that you were partially at fault, this does not necessarily preclude a monetary recovery in the State of California. You have legal rights as an accident victim that deserve to be protected.
Contact an experienced personal injury attorney at Injury Trial Lawyers, APC to learn more about your legal rights and responsibilities as a pedestrian accident victim in San Diego. We understand the detrimental impact an injury caused by another can have on your personal, professional, and financial life, and we will do everything we can to advocate for the best result possible given your unique circumstances. Call us at (619) 525-7007 today.
Injury Trial Lawyers, APC
1230 Columbia Street, Suite 560
San Diego, CA 92101