San Diego’s great year round weather is perfect for walking. Unfortunately, this often leads to pedestrian and crosswalk accidents. Injury Trial Lawyers, APC provides representation to pedestrians injured in collisions as well as to family members whose loved ones were killed.
We understand the impact that an accident can have on your life and your family, and we treat your case with the attention it deserves. If you have been injured in a pedestrian accident, speak with our qualified San Diego pedestrian accident lawyers today.
How Our Personal Injury Attorneys Can Help
An injury or a death in a pedestrian accident can be devastating and you need to receive the full compensation that the law provides. We can help you by:
- Investigating the accident,
- Interviewing witnesses,
- Reviewing medical records,
- Negotiating with the insurance company,
- Go to trial if necessary.
The most important aspects to maximizing your compensation are:
- Establishing liability, and
- Understanding the full extent of your injuries.
Insurance companies often attempt to minimize the severity of your injuries to reduce your compensation. We will use our ur team of investigators, medical experts, and legal experience to fight for you to get all of your losses covered, whether through an out-of-court settlement or going to trial.
What Can You Collect After a San Diego Pedestrian Accident?
Depending on the severity of the accident, you may be entitled to both economic and non-economic losses. These losses can include:
- Lost Wages (present and future),
- Medical Expenses (present and future),
- Funeral Expenses,
- Loss of Consortium, and
- Pain and Suffering
If a loved one was killed in a pedestrian accident, you may have the right to pursue a wrongful death claim against the negligent party.
Establishing Liability in a Pedestrian Accident
Drivers are responsible for pedestrian collisions if they behave in a negligent or careless manner that causes the accident. It is up to the pedestrian to prove that the driver broke the rules of the road or did something unreasonably dangerous that led to the accident. This can include:
- Driving while impaired,
- Driving while distracted,
- Driving while drowsy,
- Disobeying traffic signals, including stop signs and red lights, and
- Failure to yield to the pedestrian when required
To establish liability, it is important to collect as much evidence as possible at the time of the accident. This can include witness names and statements, video evidence, and pictures. Additionally, you should refrain from admitting fault until a careful investigation has been conducted to understand what actually happened.
What If You Were Partly At Fault?
Some pedestrian accident cases raise complicated questions because the pedestrian may be partly at fault for the accident. A pedestrian who crosses against the light, for example, may have played a role in causing the incident.
However, even when a pedestrian is partly at fault, this does not preclude a claim for compensation. Under comparative fault rules in California, a pedestrian could still recover partial compensation from the driver. These complex cases must be handled by an experienced team that understands how motor vehicle accident laws apply to injury and wrongful death claims.
Pedestrian Accidents in San Diego
Pedestrians are at risk of serious injury or death when drivers fail to obey the rules of the road or make careless driving errors. The California Highway Patrol reports that in 2013, San Diego County had 1,028 pedestrian injuries, with 54 of those resulting in death.
According to a recent report on NBC 7, pedestrian deaths are at an all-time high in San Diego since 2003. The study found that of the 7,509 pedestrian accidents between 2001 – 2012, at least 50% of those accidents occurred on crosswalks. The study further noted that between 2008 – 2012:
- 40% of total pedestrian collisions happened at signalized intersections,
- 37% happened in mid-block locations
Far more eye-opening, the number of pedestrians killed more than doubled between 2011 – 2012. Experts believe that building more crosswalks is only part of the solution. Experts speculate that increasing the visibility of existing crosswalks is necessary to reduce the risk of pedestrian injury and death.
Contact An Experienced San Diego Pedestrian Accident Lawyer
We are never afraid to stand up to the insurers and we have a reputation for fighting hard for our clients while keeping them informed and looking out for their interests from start to end. You pay no legal fees unless we recover compensation for you, and your consultation and case evaluation is always free.
Call today to speak with San Diego pedestrian accident lawyer Curtis Quay and learn how we can help after you or a loved one was injured in an accident. We are available to assist you at our downtown San Diego office or can make arrangements to come see you.
Blog for Pedestrian Accidents
- San Diego Woman Declared Dead in Pedestrian Hit and Run
- Near-Fatal Pedestrian Accident Near San Diego Qualcomm Stadium
- Pedestrian Accident at an All Time High in San Diego