A car or other motor vehicle hits a pedestrian with tragic consequences. Even a low-speed collision between a vehicle and a person can result in severe injuries because pedestrians have nothing to protect them — a vehicle can easily overpower a person, knock them off balance, run them over, and cause significant injuries. Fatalities are common in pedestrian accidents.
Your injuries may require significant medical intervention to treat. If you get hit by a car, you can easily find yourself facing extensive medical bills and a long time away from work.
However, if the accident resulted from the driver’s recklessness or carelessness, you can seek compensation for your expenses through a personal injury lawsuit.
Pedestrians aren’t just those on foot. The designation also applies to people using wheelchairs, walkers, skateboards, roller skates, and other devices with more than two wheels. Bicyclists and motorcyclists are not considered pedestrians.
If the injuries sustained in the pedestrian accident were caused by the driver's negligence, you have the right to pursue legal action though a experienced San Diego pedestrian accident attorney.
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Locations of San Diego Pedestrian Accidents
San Diego has an ideal climate for getting out and walking around. Between the ample sunshine, warm temperatures, plentiful beaches, and attractions, residents and visitors alike have considerable incentive to walk.
Unfortunately, ours is still a heavily car-centric culture, which means navigating vehicle traffic is a fact of life for pedestrians — and one that can present serious dangers.
According to recent citywide data, 75 percent of severe or fatal pedestrian accidents in San Diego occur at or near intersections.
Some of the most dangerous intersections in the city include:
- The downtown intersection of 6th Avenue and Broadway
- The downtown intersection of 4th Avenue and B Street
- The intersection of University and Marlborough Avenues
- The intersection of Linda Vista Road and Ulric Street
- The intersection of 36th Street and El Cajon Boulevard
San Diego County also has some of the highest annual numbers of pedestrian fatalities in the United States, according to National Highway Traffic Safety Administration data. While the city is promoting a Vision Zero initiative to reduce pedestrian accidents, injuries, and fatalities, the fact remains that these accidents occur too often and present a high likelihood of severe or fatal injuries — and that San Diego pedestrians face a particularly high risk.
What Are the Most Dangerous Situations for Pedestrians?
Given how many places cater to vehicles and leave pedestrians a secondary consideration at best, it’s just a matter of fact that people face inherent dangers when they travel as pedestrians. This is largely due to their vulnerability — a pedestrian is simply no match for a moving, motorized vehicle.
Some situations present a greater-than-average danger to pedestrians, including:
- Busy intersections with multiple lanes of traffic in either direction
- Lack of protected crosswalks with functioning signals
- Lack of sidewalks or sidewalks in poor condition
- Inclement weather
- Road construction
- Poor lighting or visibility
- Sidewalks that are inaccessible due to construction on adjacent buildings
- Large, busy parking lots and parking structures with poor visibility
- Busy downtown environments
- Streets in the vicinity of major events
These types of environmental factors require pedestrians and drivers alike to be vigilant, observant, and cautious. Circumstances outside of the norm make it harder to anticipate what other people might do, and errors of judgment can lead to accidents and injuries.
Top Causes of Pedestrian Accidents
Pedestrian accidents have a variety of causes, many of which stem from drivers failing to uphold their responsibility to look out for and avoid hitting pedestrians.
Many accidents occur because drivers fail to yield the right of way to pedestrians.
California pedestrians always have the right of way in both marked and unmarked crosswalks, as well as at traffic signals with a green light. One of the most common types of pedestrian accidents is when a driver hits a pedestrian while in the process of attempting a turn. In their haste to turn, they fail to observe a pedestrian entering or already using the crosswalk and hit them.
Another common scenario that results in pedestrian accidents is when a driver approaches a stoplight without allowing themselves enough time to come to a stop before reaching the crosswalk. Even while braking, they may hit a pedestrian and cause severe injury or force the pedestrian to react by moving into the path of oncoming traffic.
Other pedestrian accidents occur when motorists drive at excessive speeds or drive while fatigued, impaired, or distracted. Still others happen when drivers attempt to pass vehicles that have stopped to allow pedestrians to cross the street.
Not all pedestrian accidents result from drivers’ careless decisions. Some occur because they fail to respond appropriately to conditions that increase the risk of an accident.
For example, drivers must exercise additional caution when it’s raining or dark outside, as well as in circumstances where there are many pedestrians and vehicles in motion.
Most Common Pedestrian Accident Injuries
Since pedestrians are entirely unprotected, even a relatively minor accident can cause severe injuries. Vehicles may sideswipe them, knock them down, throw them into the path of another vehicle, run them over, or crush them.
The odds of suffering an injury in these types of incidents are high simply because pedestrians are so vulnerable.
Some of the most common pedestrian accident injuries include:
- Head injuries, including traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries and paralysis
- Broken bones
- Cuts and bruises
- Crushing injuries, possibly requiring amputation
- Internal injuries
- Facial and dental injuries
- Soft tissue injuries
- Fatal injuries
Due to the amount of force with which a car hits a pedestrian even in seemingly minor accidents, the resulting injuries can be severe. They may require emergency medical treatment, hospitalization, rehab, physical therapy, and other types of involved treatments. Recovering from these injuries can take a long time, and some people may never recover to their pre-injury condition.
In addition, a severe pedestrian accident injury can significantly affect your livelihood. You may have to stay home from work as you recover, and the incident may affect your future employment prospects.
An experienced pedestrian accident attorney can help you understand your legal rights after an accident and pursue compensation to help you make a financial recovery.
Liability in Pedestrian Accidents
If the pedestrian accident that injured you resulted from a driver’s negligence, you can seek compensation for your injuries, lost income, and other effects of the accident. But first, your attorney will have to investigate the accident, evaluate the evidence, and prove liability on the part of the driver.
There are several key factors your pedestrian accident attorney will need to prove. They must prove that the driver owed you a duty of care, failed in that duty by hitting you, caused your injuries as a result, and you suffered actual losses in the form of medical bills, lost earnings, and more.
Your attorney’s job is to support these facts with evidence in order to establish that the driver is liable for your injuries.
Other parties can also be liable in certain pedestrian accident cases. For example, if issues with signage or traffic signals contributed to the collision, the parties responsible for maintaining them may be liable.
Your attorney will rely on evidence from the accident scene, such as photographs of the vehicle, your injuries, the surrounding area, and any other vehicles or individuals involved, plus eyewitness testimony, the police report, information from first responders, and more.
In addition, they’ll use your own testimony, your medical records, and statements from your employer about any work you’ve missed. They may even bring in medical and accident reconstruction experts to offer their insight into how the accident occurred.
How Much Compensation Can You Receive After a Pedestrian Accident?
Recovering compensation following a pedestrian accident offers you a way to avoid the financial challenges associated with having to undergo significant medical treatment and miss work.
But how much compensation can you get?
All accidents are unique, and pedestrian accidents are no exception. The circumstances of your accident, the extent of your injuries, and your prospects for long-term physical recovery all affect the amount of compensation you could receive.
Your attorney will look at all the evidence of your case to determine a dollar amount that would represent total compensation for your injuries and other losses.
Compensation falls into two main categories: economic damages and non-economic damages. Calculating damages is a complex process, but it’s one you can trust an experienced pedestrian accident attorney to handle.
Economic damages provide compensation for losses that are easy to quantify because they have specific numbers attached to them. Medical expenses and lost income are the two main types of economic damages.
Hang on to all bills, statements, receipts, and other records associated with any healthcare needs that arise from the accident, such as medical transportation, emergency room care, surgery, physical therapy, rehab, long-term care, prescriptions, medical equipment, and more.
Your attorney will calculate a dollar value for lost income based on your regular earnings and the amount of work you’ve missed.
Non-economic damages compensate you for the intangible effects of the accident. For example, you may experience significant physical and emotional pain and suffering. You may no longer enjoy your hobbies, participate in family activities, or have the quality of life you had before the accident. Your attorney can help you seek compensation for these losses, as well.
How a Pedestrian Accident Attorney Can Help
When you’re recovering from a pedestrian accident injury, the last thing you need to be worrying about is the legal process. You have enough on your plate between going to medical appointments and focusing on your physical health — you don’t need to add navigating the legal system into the mix.
This is where an attorney with knowledge and understanding of pedestrian accident cases can make a difference in your life. If you retain an attorney, they’ll guide you from the initial consultation through the conclusion of your case.
Here’s a partial overview of the processes your attorney will handle:
- Gather and evaluate evidence related to your accident to identify liable parties and build a strong case
- Work with expert witnesses to secure testimony supporting your claim
- Calculate your expenses and other losses to determine the amount of compensation you deserve
- Negotiate with insurance companies to seek the full compensation you’re owed
- Represent you in court if no settlement offer is forthcoming
- Handle all paperwork and meet court-imposed deadlines
- Provide frequent updates on the status of your case
- Help you understand your rights and your options for pursuing justice
You deserve the peace of mind that comes with knowing a professional is handling the complex legal processes involved with pursuing compensation for your injuries. When you work with an attorney who has successfully represented pedestrian accident injury victims in the past, you can rest assured that your case is in capable hands.
You may worry about whether retaining an attorney will add to your expenses, which may already be overwhelming. When you meet with a lawyer, ask about their fee structure and whether they work on a contingency basis.
If so, you won’t need to worry about paying a fee. Lawyers who work on contingency charge no upfront fees because their fees will come out of your settlement if they’re able to secure compensation on your behalf. If you get no money, neither do they.
How Long Do I Have to Pursue Compensation?
When someone else harms you in a pedestrian accident in California, you have a limited amount of time to pursue compensation for your injuries and losses.
First, your attorney will file a claim with the at-fault driver’s insurance company. There is no time limit for that because you have no contract with the insurer. Their contract is with the driver. Your attorney will file your claim, and once your injuries have healed as much as possible, they will prepare a demand letter for the insurance company.
If no settlement results, your lawyer will file a lawsuit against the at-fault party and/or their insurance company. California has a statute of limitations that restricts the amount of time an injured person has to file a lawsuit against the party that harmed them. Your San Diego personal injury lawyer has two years from your accident to file your lawsuit. Late filing allows the court to dismiss your case without a hearing, so act now.
