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.
Table of Contents
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.
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
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.