HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

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Oceanside Pedestrian Accident Lawyer

  • Over 550 combined Google 5-Star Reviews
  • Tens of millions won every year for our clients
  • We won’t settle for less than the maximum value for your case
  • 30 combined years of legal experience 
San Diego personal injury lawyers near me

Trusted And Recommended

HHJ Trial Attorneys proudly serve victims who have suffered from serious injuries. HHJ is one of San Diego’s premiere personal injury law firms.  We’ve obtained over ten million dollars for our clients within the last 4 years alone and have been voted the Best Litigation Firm for the last 3 years through the San Diego Union Tribune. All three partners have been voted as Super Lawyers and have received coverage from local and national news outlets.

Free Case Evaluation

Khala BarkusKhala Barkus
19:33 25 Sep 22
Michael and his team were so great during this entire process. They helped me to get a pretty significant settlement from my case and they were never delayed in any of the processes. I am confident that had I not "fired" the first attorney that I started to work with and called HHJ trail attorneys, I would not have gotten the results that I got with HHJ. You can't go wrong with working with these guys to settle your case.
TylerTyler
21:09 25 Aug 22
Michael and the HHJ staff were extremely helpful from the start of my case less than a year ago. From the time I had my accident, to having doctor appointments set up to the final conclusion, it couldn’t have been a smoother process from beginning to end. Michael is very detailed and organized and always has your best interest at heart. He is very responsive and is always on top of it. I didn’t have to do much other than show up to my doctor appts and respond with info that was needed. I would without a beat use Michael and his team again if needed. HHJ is the best in Southern California!
Claudia LopezClaudia Lopez
21:41 08 Jul 22
Mr. Adam Hepburn and his firm, HHJ Trial Attorneys, took on our legal case. Mr. Adam Hepburn came recommended, luckily. We can't thank Mr. Adam Hepburn and his firm for their stellar work throughout our entire legal case. If I had any questions or concerns, Mr. Adam Hepburn would quickly address my concerns either via email, cell phone or even on text. Mr. Adam Hepburn was very truthful, thoughtful when explaining the facts of my case, and extremely professional. If you're on the fence with hiring Adam Hepburn and his firm, don't be, he's the best in the field. Adam won my case! Must hire him and his firm if you need his type of services.
FergalFergal
15:00 20 Apr 22
Michael and the team at HHJ Trial Attorneys have taken the best care of our Clients after they have being involved in road accidents. The care, attention and commitment they provide to all their clients is extraordinary as are their life enhancing results - HHJ Trial Attorneys = Best In Class.
Anne FranksAnne Franks
14:41 20 Apr 22
Michael at HHJ Trial Attorneys is a professional Accident & Personal Injury Lawyers group. This group is very is highly recommended! They are very professional compared to other firms. If you are looking for a quality group of attorneys that will get the job done, this is the one to call!
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Oceanside's Best Pedestrian Accident Attorneys

Understanding the legal aspects and necessary steps following pedestrian accidents in Oceanside, CA is crucial to building a strong legal case. On this page, our Oceanside pedestrian accident attorneys will shed light on the specific legal considerations and rights of pedestrians in California. When you’re involved in a pedestrian accident in Oceanside, California, taking immediate steps to ensure your safety and protect your legal rights is crucial. Here’s what to do.

Seek Medical Attention

After a pedestrian accident, your health should be the top priority. Even if you don’t think you’ve been seriously injured, seeking medical attention is essential. 

 

Some injuries may not be immediately apparent, and a healthcare professional can assess and document your condition, which can be crucial for legal and insurance purposes.

Contact Law Enforcement

Report the accident to the Oceanside Police Department or the California Highway Patrol immediately. 

 

Law enforcement will document the incident and create an official report, which can be invaluable for insurance claims and legal proceedings.

Gather Evidence

If you’re physically able, gather evidence from the accident scene

Take photographs of the area, including any vehicles involved, the surrounding environment, and your injuries. If there are witnesses, try to obtain their contact information.

Notify Your Insurance Company

It’s important to inform your insurance company about the accident, but be cautious about providing detailed statements before consulting with an attorney. 

 

Insurance companies may use your statements against you, so it’s best to have legal representation before engaging in extensive communication with them.

 

By taking these immediate steps, you can protect your well-being and lay the groundwork for a strong legal case if you decide to pursue compensation for your pedestrian accident in Oceanside, CA.

What Are Some Common Causes of Pedestrian Accidents?

Pedestrian accidents can occur due to various factors, each posing a significant risk to individuals on foot. 

Failure to Follow Traffic Laws

One of the primary causes of pedestrian accidents is the failure of both drivers and pedestrians to adhere to traffic laws. 

 

Making illegal turns, disregarding posted directional signs, and speeding contribute significantly to the risks involved in pedestrian accidents.

Driver Distractions

Distracted driving, often resulting from phone usage, GPS distractions, or conversing with passengers, is a leading cause of pedestrian accidents. 

 

Drivers who divert their attention from the road are more likely to miss seeing pedestrians, increasing the risk of collisions.

Poor Visibility

Low visibility conditions, especially during nighttime and adverse weather, contribute to pedestrian accidents. 

 

Reduced visibility impairs both drivers’ and pedestrians’ ability to see each other, elevating the likelihood of accidents.

Right-of-Way Violations

Failure to yield to pedestrians in crosswalks and at intersections is a common cause of pedestrian accidents. 

 

Drivers not providing the right of way to pedestrians in designated areas can lead to severe consequences.

California Right-of-Way Laws

In California, right-of-way laws are in place to ensure the safety of pedestrians and other road users. Understanding these laws is crucial for both pedestrians and drivers to prevent accidents and promote a safer environment for everyone.

Pedestrian Right of Way

Pedestrians in California have the right of way in marked or unmarked crosswalks. This means that drivers must yield to pedestrians who are crossing the road within these designated areas. 

 

It’s important for drivers to always be alert and prepared to yield to pedestrians, especially in areas with high foot traffic.

Drivers’ Responsibilities

Drivers are required to exercise caution and reduce their speed when approaching crosswalks. They must come to a complete stop and allow pedestrians to safely cross the road before proceeding. 

 

Failure to yield to pedestrians in crosswalks can result in serious consequences, including legal repercussions and potential civil liability.

Shared Responsibilities

While pedestrians have the right of way in designated crosswalks, they also have the responsibility to exercise caution and not suddenly step into the path of an oncoming vehicle. 

 

Both pedestrians and drivers are expected to adhere to right-of-way laws to minimize the risk of accidents.

What Does California Law Say About Pedestrian Accidents?

California pedestrian accident law is designed to protect individuals who are involved in pedestrian accidents. Understanding the specifics of these laws is crucial for individuals in Oceanside, CA, who may find themselves in such situations. 

Determining Liability Under California Law

In California, the law places a high level of responsibility on drivers when it comes to pedestrian accidents. 

 

In most cases, the driver is considered at fault if a pedestrian is hit by a car, as pedestrians generally have the right of way in most situations. These strict liability rules are in place to protect vulnerable road users and ensure that drivers exercise the necessary caution around pedestrians.

 

In California, pedestrian negligence can encompass various actions or behaviors by the pedestrian that may contribute to an accident. This can include instances such as jaywalking, crossing the street while distracted (e.g., texting or using headphones), disregarding traffic signals, or walking in restricted areas. Understanding what constitutes pedestrian negligence is crucial for individuals seeking legal information about pedestrian accidents.

California Law and Pedestrian Negligence

Under California law (CIV § 1714), the party whose negligence is deemed responsible for causing a pedestrian accident is typically held accountable for the resulting damages. 

 

This legal framework emphasizes the importance of determining fault and negligence in pedestrian accidents, shaping the basis for potential legal claims and compensation.

 

Fault for pedestrian accidents in California is assessed based on the concept of negligence. Both drivers and pedestrians are expected to exercise a duty of care for the safety of others on the road. 

 

This means that liability cannot be automatically presumed in the event of a pedestrian accident. Instead, the circumstances of the accident and the actions of all parties involved are carefully evaluated to determine fault and responsibility.

Factors Considered in Fault Determination

Several factors are taken into consideration when determining fault in a pedestrian accident. 

 

These may include:

 

  • Traffic Laws and Signals: The adherence to traffic laws and signals by both the pedestrian and the driver is a significant factor in fault determination.
  • Driver’s Behavior: The conduct of the driver involved, such as speeding, distracted driving, or failure to yield to pedestrians, is closely examined.
  • Pedestrian’s Conduct: The actions of the pedestrian, including jaywalking or entering the roadway unlawfully, are assessed in fault determination.
  • Witness Testimonies: Witness statements and accounts of the accident play a crucial role in understanding the sequence of events and attributing fault.
  • Comparative Negligence: California follows the comparative negligence rule, meaning fault can be divided among involved parties based on their respective contribution to the accident. Thus, even if a pedestrian is found partially at fault, they may still be entitled to recover damages in proportion to the driver’s liability.

Types of Damages and Compensation for Victims

If you’ve been involved in a pedestrian accident in Oceanside, CA, it’s important to understand the types of damages and compensation you may be entitled to. 

 

California law allows victims of pedestrian accidents to seek various forms of compensation to cover their losses. Here’s what you need to know.

Economic Damages

Victims of pedestrian accidents may be entitled to economic damages, which are tangible losses that can be easily calculated. 

 

These may include medical expenses, lost wages, property damage, and rehabilitation costs. It’s crucial to keep detailed records of all expenses related to the accident, as these will be essential in determining the compensation you may receive.

Non-Economic Damages

In addition to economic damages, victims may also be eligible for non-economic damages, which are more subjective and challenging to quantify. 

 

These can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. While these damages are more difficult to calculate, they are equally important in providing fair compensation for the overall impact of the accident on your life.

Punitive Damages

In some cases, punitive damages may be awarded if the at-fault party’s actions are deemed to be particularly reckless or egregious. 

 

These damages are intended to punish the responsible party and deter similar behavior in the future. However, punitive damages are relatively rare and are typically only awarded in cases of extreme misconduct.

 

We’ve recovered millions for our clients and stand ready to assist you with experienced legal advice. From identifying fault to calculating compensation, our Oceanside pedestrian accident attorneys can help you navigate out of this stressful time.

 

For a free and confidential consultation, contact us today

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