If you live in San Diego County, or any large city for that matter, you may commute by foot to avoid traffic, get some fresh air, or save money on gas. Although there are incredible perks to commuting by foot, there are also many downsides. While established public transportation systems make travel easier for people who don’t own a vehicle or wish to ditch the car, walking in a busy city can be incredibly risky for pedestrians.
As per the findings of California’s Office of Traffic Safety,
- Pedestrian fatalities make up about a quarter (25.6%) of all traffic-related deaths in the state.
- 2020’s data reveals that there were 6,516 reported pedestrian fatalities due to traffic crashes across the country
- 2020 had a 4% increase in pedestrian injuries compared to the previous year.
- Pedestrian injuries remain highest for people aged 65 and older.
Why You Need a Pedestrian Accident Attorney
If you or a loved one has suffered significant injuries in a pedestrian accident caused by a driver’s negligence, it is crucial to be aware of your legal rights.
Although it is feasible to negotiate a settlement on your own, enlisting the services and expertise of an attorney is incredibly helpful in navigating the legal process.
Entrusting the negotiation process to the safe hands of a pedestrian accident attorney will:
- Make all the difference in the settlement you secure.
- Grant you the experience you lack to handle your case and guide you through the medical and legal process.
- Alleviate your stress and burden, allowing you to focus on your recovery or the recovery of your loved one.
Our team of experienced pedestrian accident lawyers in San Diego has compiled this information page to provide you with an overview of pedestrian accident laws in California. We will guide you through the process of seeking financial compensation and explain the timeline for a pedestrian accident lawsuit. Finally, we will share how our legal experts can assist you in navigating this challenging situation.
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Who is Responsible in a Pedestrian Accident?
If you have been involved in a pedestrian-car accident, determining fault becomes a crucial step in the legal process. The party at fault (liable), whether it is the driver or the pedestrian, is typically responsible for covering the damages.
Sometimes it is easy to determine the liable party; for instance,
- If a driver is speeding and hits a pedestrian on a clearly marked crosswalk, the driver is clearly at fault
- If a pedestrian is hit while jaywalking and wearing all black, the pedestrian is to blame.
However, it is not always this simple. Proving the party at fault often involves establishing negligence, which means demonstrating that someone was careless. To establish negligence, you will need to demonstrate the following:
- The person who caused the accident had a legal obligation, known as a “duty of care,” to avoid causing harm to you.
- The person who caused the accident breached that duty of care, meaning they failed to fulfill their legal obligation.
- The breach of duty was the cause of the accident.
- The breach of duty resulted in your injuries and losses, also referred to as damages.
Building a strong case to prove negligence may involve collecting evidence, interviewing witnesses, and navigating legal procedures. This is why seeking guidance from a qualified legal professional is highly recommended. A pedestrian accident attorney can be invaluable in understanding your legal rights and pursuing a claim for damages.
Can You Receive Compensation for a Pedestrian Accident?
Thankfully, California has laws in place to safeguard pedestrians who have suffered injuries in motor vehicle accidents. If you have been harmed in a pedestrian accident, you may have the right to seek financial compensation for your damages. However, navigating the process of obtaining the compensation you deserve can be complex and demanding. That’s why it is highly advisable to seek the assistance of a qualified pedestrian accident attorney to help you with this challenging process so that you can obtain the necessary resources to move forward with your life.
Recoverable Damages After a Pedestrian Accident include:
- Medical bills
- Lost wages and income
- Loss of earning capacity
- Pain and suffering/Emotional distress
- Loss of enjoyment of life
- Loss of consortium (this claim arises when a spouse is injured and no longer able to provide care, protection, and support)
California Pedestrian Law
As per California Vehicle Code section 21950, pedestrians have the legal right-of-way when crossing the street at an intersection that lacks a marked crosswalk or has one. This means that drivers are obligated to slow down and give priority to pedestrians in order to allow them to cross the street safely.
This rule applies to both controlled intersections, which have traffic signals or stop signs, as well as uncontrolled intersections, where no traffic control devices are present.
Although pedestrians are not mandated to use crosswalks, it is generally recommended for their safety. However, if pedestrians choose to cross at a location without a designated crosswalk, they must yield to any vehicles that may pose an immediate danger. As a pedestrian, it is essential to exercise caution and wait until it is safe to cross.
San Diego Pedestrian Accident Attorney
Trust Jorgensen Law as your San Diego Pedestrian Accident Attorney. Our experienced attorneys fight aggressively on your behalf, working on a contingency fee basis, so you only pay if we win. We have a proven track record in obtaining large verdicts and settlements for our pedestrian accident clients. Contact us at 1-888-855-2948 for a free case evaluation today.