Local news are reporting an increase in fatal pedestrian hits in San Diego County. Here’s the article: https://fox5sandiego.com/traffic/fatal-pedestrian-hits-becoming-frequent-in-san-diego-county/
Here’s an older article about pedestrian accidents from the LA Times, “California leads nation in pedestrian deaths — again.”
Pedestrian accidents can be horrible. And they seem to be increasing.
The injuries caused when a car strikes a pedestrian can be catastrophic. Insurance companies, therefore, do whatever they can to avoid paying money on a pedestrian accident claim.
Call Evan, a San Diego Pedestrian Accident Attorney. He has experience in pedestrian collisions, and you won’t be ignored!
Here’s what the CDC says about pedestrian safety: https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html
Here are some other things you should know.
What Are The Rules For Pedestrians In California?
Drivers owe pedestrians a duty of care. Drivers must follow the rules of the road and otherwise drive in a reasonably safe manner. Pedestrians, however, have rules too. Here are the rules for pedestrians in California:
- Pedestrians generally have the right of way in a crosswalk. See CVC § 21950(a);
- Pedestrians have full use of the sidewalk. See CVC § 21952; and
- Pedestrians should use a crosswalk between adjacent intersections controlled by a traffic light. See CVC § 21955.
Who’s At Fault In A Pedestrian Accident?
Generally speaking, the driver is almost always completely responsible. Other parties, however, may be responsible too. For example, the government may be responsible if there’s a dangerous condition of public property which contributed to the accident. Read Evan’s page on Government Liability.
You can almost guarantee that the insurance companies will want to blame the pedestrian too. That means the insurance companies must show that the pedestrian was comparatively at fault for the accident.
Here’s an example of one case handled by Evan. A minor was struck by a driver when he ran across the road. The driver’s insurance company argued that the minor was at fault for running across the road. They blamed the minor for being “comparatively negligent.” The parents of the minor retained Evan who argued that the driver, not the minor, was the one at fault. Evan’s thoughtful approach convinced the insurance company to conclude its driver was entirely at fault. The insurance company then paid the entire policy limits to the minor.
See this too: Who Is At Fault In A Pedestrian Accident In California?
What Type Of Evidence Is Important In A San Diego Pedestrian Accidents?
Depends on the case, but generally speaking the following types of evidence will be important:
- Witness testimony: it’s best to get the names and numbers of all witnesses as soon as possible; a San Diego Pedestrian Accident Attorney can usually get this information quickly;
- Photos: of the car, the injuries, the roadways, etc. It’s important to photographically document the incident as soon as possible;
- Cameras: oftentimes this is overlooked, but it’s crucial to look for and get camera footage of the incident;
- Cell phone record of the driver: oftentimes the driver is distracted; cell phone records may show the driver was texting right before the collision occurred; and
- Police report: generally, the police report should identify the parties, any witnesses, and show the officer’s investigation of the incident.
What Kinds Of Injuries Are Caused By San Diego Pedestrian Accidents?
Unfortunately, lots. Here are some of the most common:
- Head injuries, like traumatic brain injuries (these are serious injuries);
- Spinal cord injuries (serious injuries too);
- Neck injuries;
- Back injuries; and
- Whiplash.
What Damages Are Recoverable For A Pedestrian Accident?
Recoverable damages for a pedestrian accident include past and future medical expenses, lost wages and earning capacity, and money for pain and suffering. Depending on the facts of the pedestrian accident, punitive damages may be recoverable too.
Do you have more questions about recoverable damages? Then read “Personal Injury Settlement Calculator?”
Free Consultation
If you or someone you know has been injured in a pedestrian accident, contact Evan, a San Diego Pedestrian Accident Attorney!
It is important to retain a San Diego Pedestrian Accident Lawyer who knows the value of a pedestrian claim and who can battle the insurance company.
If you or someone you know has suffered personal injuries in a pedestrian accident, contact Evan, a La Jolla Personal Injury Lawyer. His office is in La Jolla, and he represents personal injury clients throughout San Diego County. Evan brings the responsible parties to account so his clients receive full and fair compensation.
Call (858) 324-6606 for your free consultation.
