HHJ Trial Attorneys

San Diego Car Accidents & Injury Lawyers

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San Diego Pedestrian Accident Lawyers

  • 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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Experienced San Diego Pedestrian Accident Lawyers

Anyone who has walked in one of California’s bustling cities knows that crossing a street or a busy intersection can be very dangerous. Every year in California there are thousands of pedestrian accidents causing serious injuries and even death. Unfortunately, almost all auto versus pedestrian accidents result in serious injuries, leaving the victim with substantial medical bills and the inability to work or enjoy their life as they once had. Just a few of the serious injuries that can occur as a result of a pedestrian accident include broken bones, lost limbs, head and neck injuries, spine injuries, brain injuries, muscle tears, and many more. Too often, these accidents are caused by inattentive or distracted drivers, especially by drivers who are texting or breaking traffic laws. If you have been involved in a pedestrian accident in San Diego County, contact the pedestrian accident attorneys in San Diego at HHJ Trial Attorneys to fight on your behalf and help you to get back on your feet.

Based on the information provide by Office of Traffic Safety (OTS), California has experienced a significant increase in pedestrian fatalities and injuries in recent years. According to 

  • In 2018, there were 893 pedestrian deaths in California, a 26% increase compared to 2014.
  • In 2018, over 14,000 pedestrians were injured in California.
  • Between 2014 and 2018, pedestrian deaths rose by 26%.
  • From 2009 to 2018, nearly 7,500 pedestrians died in California.
  • California’s pedestrian fatality rate is about 25% higher than the national average.
  • California has the highest number of pedestrian deaths in the United States.

San Diego Pedestrian Accidents

San Diego has been witnessing an alarming trend with an increasing number of pedestrian and cyclist accidents in recent years. Statistics show that approximately 1000 pedestrians and cyclists get hit and injured every year in the city. Since 2012, pedestrian accidents in San Diego County have surged by 20 percent, while fatalities have nearly doubled. The authorities are now looking to reverse this trend and improve the safety of the streets in the coming decade.

Infographic: Self-Driving Cars Still Cause for Concern for Pedestrains | Statista

You will find more infographics at Statista

Some of the most vulnerable neighborhoods in San Diego are Downtown, Southeastern, and City Heights. The compact and congested nature of these areas puts residents and pedestrians at a ten times higher risk of suffering from injuries in a pedestrian accident.

Furthermore, 30 percent of all pedestrian accidents in San Diego take place in only eight corridors, namely University Avenue, El Cajon Boulevard, Broadway, Market St, 5th Avenue, Garnet Avenue, Euclid Avenue, and Imperial Avenue. These corridors are known for their high accident rates and require immediate attention from the authorities to enhance the safety of the pedestrians and cyclists who use them.

Fault Following a San Diego Pedestrian Accident

After a pedestrian accident in San Diego, it is crucial to prove fault to secure a full recovery for damages. However, proving fault can be challenging as the other party may deny responsibility. To establish a strong argument of fault against the appropriate parties, an attorney from HHJ Trial Attorneys will work with you to compile evidence.

Various parties could be responsible for pedestrian injuries, including negligent drivers, other pedestrians, and local government entities. Negligent drivers are often at fault for pedestrian accidents and should be responsible for injuries caused due to traffic law or ordinance violations like speeding, distracted driving, or driving under the influence.

Although less common, other pedestrians can cause or contribute to injuries by knocking someone to the ground or into traffic. Such scenarios can be challenging to determine who is responsible, but our firm can navigate through these complicated cases.

Local governments are responsible for developing and maintaining infrastructure such as sidewalks, crosswalks, traffic signals, and stop signs. If any of these are missing or damaged, the local government may have been negligent in its obligation to maintain them. In such cases, seeking recovery from the appropriate governmental entity becomes necessary.

It is important to contact a San Diego pedestrian accident attorney immediately as an early investigation is critical to obtaining evidence. Capturing the actual street conditions, lighting, stop signs, and traffic signals in place at the time of the crash is crucial to proving your case against the government. The legal system can be complex and bureaucratic, but our lawyers can help you throughout the process.

Compensation for Your San Diego Pedestrian Accident

At HHJ Trial Attorneys, we understand that a pedestrian accident can be a life-changing event. Our team is committed to helping you receive the compensation you deserve for the physical and financial injuries you have suffered. Here are some of the ways we can help you:

  • Understanding your injuries: Our team will work with you to understand the full extent of your injuries and how the accident has affected your life.
  • Compiling a damages request: Based on the information we gather, we will help you compile a damages request that compensates you for your losses. Some common damages recovered after a pedestrian accident include:
    • Medical expenses: This includes doctors’ and hospital bills, as well as estimated costs of future care and rehabilitation.
    • Loss of income: You may need to miss work because of your injuries, and you should be compensated for these lost wages. We will also consider future time off of work as well as diminished future earning potential.
    • Property damage: If any property you were carrying was damaged at the time of the accident, such as a laptop or cell phone, you are entitled to repair or replacement of the property.
    • Pain and suffering and emotional distress: If the accident has caused you significant pain or emotional trauma, you may recover compensation for these less tangible damages.
    • Loss of enjoyment: If you cannot perform activities you previously enjoyed due to your injuries, you may receive compensation for this loss.
    • Punitive/exemplary damages: Punitive damages are meant to punish the defendant for egregious behavior and are only awarded in certain cases.
  • Expert help: Some damages may require the input of an expert to calculate. We have a network of experts in California who can provide the credibility clients need for these complicated damages claims.

At HHJ Trial Attorneys, we are committed to helping you receive the compensation you deserve after a pedestrian accident. Contact us today to schedule a consultation.

California’s Pedestrian Laws and Right of Way

According to the California Vehicle Code, a driver of a vehicle must abide by the following rules when it comes to pedestrians:

  • Respect the right-of-way of pedestrians and always stop for any pedestrian crossing at corners or other crosswalks.
  • Do not pass a vehicle stopped at a crosswalk because a pedestrian may be crossing the street. Stop and proceed through the intersection when all pedestrians have safely crossed the street.
  • Do not stop in a crosswalk as you may place pedestrians in danger.
  • If you approach a crosswalk while driving, you are required to exercise caution and reduce your speed to ensure safety of the pedestrian.
  • Pedestrians have the right-of-way in marked or unmarked crosswalks. However, even though pedestrians may have the right-of-way, they also must abide by the rules of the road. A pedestrian should not suddenly leave a curb, or other place of safety, and cross into the path of a vehicle as this creates an immediate hazard.
  • Obey all signs pertaining to pedestrians.

In California, both drivers and pedestrians are expected to take reasonable steps to ensure safety on the roadway. While pedestrians have the right-of-way in many instances, and drivers are responsible to make sure they do not put pedestrians in danger, pedestrians are also expected to use care and cross a street as safely as possible. California uses a pure comparative negligence system, which means that if the pedestrian is partially at fault for the accident, then the pedestrian’s compensation or recovery may be reduced. It is therefore important that as a pedestrian, you cross a street responsibly and as safely as possible.

These are just some of the rules that drivers should follow in order to protect the safety of pedestrians. Unfortunately, many of these rules are not followed and many pedestrians are injured or killed across California every year. If a lawsuit becomes necessary to obtain compensation for your damages, it is important to have experienced personal injury attorneys for your case. Please contact HHJ Trial Attorneys for a free case evaluation and let our pedestrian accident attorneys in San Diego help you obtain the justice you deserve from your pedestrian accident.

Common Causes of Pedestrian Accidents

Pedestrian accidents can have a variety of causes, but they often involve mistakes made by drivers or pedestrians. At HHJ Trial Attorneys, we understand that the injuries sustained in a pedestrian accident can be serious, and we are here to help you get the compensation you need to recover.

Some of the most common causes of pedestrian accidents in San Diego include:

  • Drivers failing to yield the right of way to pedestrians in crosswalks or at intersections.
  • Speeding, which can make it difficult for drivers to stop in time to avoid hitting a pedestrian.
  • Distracted driving, such as using a phone or eating while behind the wheel.
  • Texting while driving, which is particularly dangerous because it takes a driver’s eyes off the road and hands off the wheel.
  • Poor road conditions, such as potholes or uneven pavement, which can cause drivers to lose control of their vehicles.
  • Bad weather, which can make it harder for drivers to see pedestrians or for pedestrians to see oncoming traffic.

No matter what caused your pedestrian accident, it is important to work with an experienced attorney to help you recover the compensation you need to pay for medical expenses and other damages. Our team at HHJ Trial Attorneys can help you build a strong case against the driver who caused your injuries, so you can focus on healing and moving forward.

Injuries Associated With Pedestrian Accidents

When a pedestrian is involved in an accident with a car, the outcome is typically in favor of the car due to its reinforced exterior. Pedestrians, on the other hand, are vulnerable and lack the protective gear of motorcyclists and bicyclists. Despite the expectation that drivers exercise caution around pedestrians, accidents involving pedestrians are still common. According to the Centers for Disease Control and Prevention (CDC), 6,000 pedestrians died in traffic accidents in the United States in one year, and nearly 129,000 pedestrians required emergency department treatment.

Pedestrians who are involved in an accident with a vehicle may suffer from a variety of injuries, including: 

  • Head injuries
  • Brain injury
  • Spinal injuries
  • Neck and back injuries
  • Chest contusions
  • Broken bones and fractures
  • Cuts, bruises, strains, and sprains

Head injuries can include contusions, lacerations, concussions, and more severe brain damage. Traumatic brain injuries are a major concern for victims of pedestrian accidents and can lead to a coma, vegetative state, or brain death. Damage to the spinal cord or nerves can cause permanent changes in bodily functions ranging from numbness to paralysis. Neck and back injuries often require extensive rehabilitation and physical therapy, while chest contusions can cause damage to internal organs. Broken bones and fractures are common injuries and can range from minor to serious, requiring surgery. Cuts, bruises, strains, and sprains may seem less severe, but they can still limit mobility and daily activities.

If you are a pedestrian who has been injured in an accident, it is essential to seek immediate medical attention. Seeking medical attention ensures proper diagnosis and treatment of all injuries and is vital for your overall health and ability to collect compensation. Keeping meticulous records of your medical treatment and related expenses associated with your injuries is also crucial.

What You Should Do After a Pedestrian Accident

  • Make sure that you are safe. If you are able, move to the side of the roadway or to another safe place to ensure that you are no longer in danger. Immediately call emergency services (9-1-1) for a police officer or ambulance if you are able to do so. Wait for police to arrive and provide the officer with a factual description of how you saw the incident unfold. INSIST THAT A REPORT IS FILED WITH THE AUTHORITIES. DO NOT discuss the specifics of the accident with the other party involved in the accident, as doing so may harm your legal position when you try to recover damages at a later date.
  • Before leaving the scene of the accident, make sure you gather all of the necessary information from all other parties involved in the accident (including names, contact numbers, insurance information, license plates, etc.). Do not rely on the officer to do this for you. Make sure you also obtain the name, agency, and badge number of the officer who has reported to the scene.
  • Before leaving the scene of the accident, make sure you gather all of the necessary information from all other parties involved in the accident (including names, contact numbers, insurance information, license plates, etc.). Do not rely on the officer to do this for you. Make sure you also obtain the name, agency, and badge number of the officer who has reported to the scene.
  • Make sure you receive proper medical care. The first place you should go IMMEDIATELY after the accident is to the nearest medical facility so that you get a proper and thorough medical evaluation. You should visit a medical facility even if you do not believe you have a serious injury, as many injuries may not be immediately apparent—it is crucial to be examined by a doctor. Moreover, a proper record of your injuries and your medical care will be necessary later in the recovery process, as insurance companies may say that your injuries must not have been serious if you waited to get treatment.
  • Do not speak to anyone about the accident or your injuries other than the police, your medical provider, or your lawyer. Giving statements to other persons other than those mentioned above may damage your legal case in the future. Finally, you should then file a claim with your insurance provider. You should NOT speak to an insurance provider representative or sign any documents from an insurance provider, especially those that represent the opposing side or other driver. You should contact an pedestrian accident attorney in San Diego from Hepburn, Hernandez and Jung Trial Attorneys who know how to deal with insurance providers to best represent your interests. Let our experienced pedestrian accident lawyers in San Diego fight on your behalf so you can concentrate on your physical and emotional recovery.

San Diego Pedestrian Accident Lawyers Frequently Asked Questions

Will I need to go to court to resolve my case?

Whether or not you will need to go to court for your San Diego pedestrian accident case depends on various factors, such as the severity of your injuries, the amount of compensation you are seeking, and the willingness of the other party or their insurance company to settle out of court.

It’s important to note that the majority of personal injury cases are settled out of court. This is because both parties often prefer to avoid the time, expense, and uncertainty of a trial. In fact, most insurance companies will try to settle a case before it even reaches court, as it is often more cost-effective for them to do so.

However, there are instances where going to court may be necessary. If the other party or their insurance company is unwilling to offer a fair settlement, or if liability is disputed, then taking the case to court may be the best course of action. Additionally, if you have sustained severe injuries or long-term disabilities that require ongoing medical treatment, you may need to go to court to ensure you receive adequate compensation to cover these expenses.

Should I settle my case without a San Diego Pedestrian accident attorney?

When involved in a pedestrian accident in San Diego, it is not advisable to settle without the help of a personal injury lawyer. Insurance companies will try to pressure you into settling quickly and for less money than you deserve, leaving you in a tough financial situation.

Insurance companies do not want to pay out your claim and will do everything possible to keep their money in their pocket. They may call you after the accident and offer a low ball settlement that seems like it will cover your medical expenses. However, if you sign this offer, you waive your right to bring future claims against the insurance company for this accident.

In the long run, this could leave you with significant medical bills and lost income to cover on your own. That’s why you need an aggressive legal advocate who understands the tactics that insurance companies use and how to combat them. With the help of an experienced personal injury lawyer, you may be able to obtain a much larger settlement or award than you would be able to do on your own. Don’t let the insurance companies take advantage of you and your situation.

What happens if the at-fault driver doesn't have insurance?

If the at-fault driver did not have insurance at the time of the pedestrian accident, the victim may face significant challenges in recovering compensation for their injuries and other damages. Typically, insurance policies cover the costs of medical bills, lost wages, and other damages that the victim may suffer as a result of the accident. However, if the driver does not have insurance, the victim may need to explore other avenues for recovering damages.

In some cases, the victim may be able to turn to their own insurance policy for coverage. For example, if the victim has uninsured motorist coverage, this may cover the costs of their injuries and other damages, up to the policy limits. However, not all insurance policies include this type of coverage, so it’s important to check the policy details to determine whether this is an option.

Another possibility is to pursue a personal injury lawsuit against the at-fault driver. Even if the driver does not have insurance, they may still be liable for the victim’s injuries and other damages. However, if the driver does not have significant assets, it may be difficult to recover damages even if a judgment is obtained against them.

In some cases, the victim may be able to recover damages from other parties who may share liability for the accident. For example, if a defective road condition or a faulty traffic light contributed to the accident, the city or state government may share responsibility for the victim’s injuries and other damages. Similarly, if a defective auto part or other product caused the accident, the manufacturer or distributor may be held liable.

Ultimately, the specific options available to a victim in a pedestrian accident case where the at-fault driver did not have insurance will depend on the specific circumstances of the accident. It’s important to consult with an experienced personal injury attorney who can help explore all available options and work to help the victim recover the compensation they need to move forward after the accident.

How long will my case take to settle?

The duration of a San Diego pedestrian accident case can vary significantly depending on several factors. It can take a few months to several years to resolve a case, depending on the complexity of the case, the severity of the injuries, the willingness of the insurance company to negotiate a fair settlement, and the court’s schedule.

If the case is straightforward and the injuries are minor, it may take a few months to resolve the case. This is because minor injury cases can be settled out of court, and the insurance company may be more willing to offer a fair settlement.

However, if the case involves severe injuries or wrongful death, it may take longer to resolve the case. Severe injury cases require more investigation and may need more time to determine the full extent of the injuries, which may take several months. Additionally, if the insurance company is unwilling to offer a fair settlement, the case may go to trial, which can take several years to resolve.

How much is my case worth?

Determining the value of a San Diego pedestrian accident case can be difficult, as there are many factors that can affect the final settlement or judgment amount. Some of these factors include:

The severity of your injuries: The more severe your injuries, the higher the potential value of your case. This includes both the immediate medical expenses as well as any long-term care you may need.

The extent of property damage: If your accident resulted in significant property damage, this can also increase the potential value of your case.

Lost wages and earning capacity: If your injuries prevent you from working, or if you are unable to work in the same capacity as before the accident, you may be entitled to compensation for lost wages and loss of earning capacity.

Pain and suffering: You may be entitled to compensation for the physical and emotional pain and suffering caused by your injuries.

Liability: If the at-fault party’s liability is clear, this can strengthen your case and potentially increase its value.

Insurance coverage: The amount of insurance coverage available can also affect the value of your case.

It’s important to note that each case is unique, and there is no set formula for determining the value of a San Diego pedestrian accident case. It’s best to speak with an experienced personal injury attorney who can evaluate the specific details of your case and provide a more accurate estimate of its potential value. An attorney can also help you negotiate with insurance companies and fight for the compensation you deserve.

How long do I have to file a claim for a San Diego pedestrian accident?

In San Diego, as in most other states, there is a deadline or a statute of limitations to file a claim for personal injury resulting from a pedestrian accident. This means that there is a limited amount of time during which you can file your claim.

In California, the statute of limitations for a pedestrian accident case is two years from the date of the accident. If you fail to file your claim within this time frame, you will lose your legal right to pursue compensation for your injuries and other damages.

It’s important to note that while two years may seem like a long time, it can pass quickly, especially if you are focusing on recovering from your injuries. That’s why it’s important to consult with a San Diego pedestrian accident attorney as soon as possible after the accident. They can help you file your claim before the statute of limitations expires, and also help you navigate the complex legal process of a personal injury case.

Seeking Legal Representation from an Experienced Pedestrian Accident Attorney in San Diego

Here at HHJ Trial Attorneys in San Diego, we handle many personal injury claims involving pedestrian accidents. We will gather evidence, obtain witness testimony, and factor in your pain and suffering while building your case. Remember that accidents involving vehicles and pedestrians account for billions of dollars’ worth of damages every year. We are going to do our very best to recover the full compensation that you deserve.

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