San Diego, with its bustling streets and mix of pedestrians and drivers, can be a place where such accidents unfortunately occur. If you’ve been struck by a vehicle while walking down the street, understanding your rights and the San Diego pedestrian accident claim process is essential to making a claim and obtaining the maximum compensation for all the damages you suffered.
An accident lawyer in San Diego is your best ally to determine all the damages you sustained and get the full compensation you’re entitled to by law. Call Broadway Law Firm at (866) 845-1350 and schedule a free consultation. We’re available 24/7 and always pick up the phone. Our lawyers have experience, understand the law, and know how to win.
All You Need to Know About a San Diego Pedestrian Accident
California Law Favors Pedestrians
California has laws that prioritize pedestrian safety. This means pedestrians generally have the right-of-way in crosswalks, marked or unmarked, at intersections [5]. Drivers are legally obligated to yield to pedestrians in these areas. This doesn’t absolve pedestrians of all responsibility, but it does establish a baseline for negligence claims.
Determining Fault and Compensation
Following a pedestrian accident, establishing fault is critical for pursuing a claim. To win a case, you’ll need to prove the driver acted negligently and their negligence caused your injuries. Here’s a breakdown of the key elements:
- Duty of Care: Drivers have a legal duty to act with reasonable care towards pedestrians. This includes obeying traffic laws, maintaining a lookout for pedestrians, and yielding the right-of-way when required.
- Breach of Duty: You need to demonstrate that the driver violated this duty of care. Examples include speeding, distracted driving (including texting and using a cell phone), driving under the influence, or failing to yield the right-of-way.
- Proximate Cause: The driver’s breach of duty must be directly connected to the accident and your resulting injuries.
The severity of your injuries will also significantly impact your claim. Common recoverable damages in pedestrian accident cases include:
- Medical Expenses: This covers past, present, and future medical bills associated with your injuries, including doctor visits, hospitalization, medication, rehabilitation, and therapy.
- Lost Wages: If you miss work due to your injuries, you can claim compensation for lost income and benefits.
- Pain and Suffering: This includes compensation for physical and emotional pain caused by the accident.
- Loss of Earning Capacity: If your long-term ability to work is diminished due to the accident, you may be entitled to compensation for future lost wages.
- Property Damage: If your personal belongings were damaged in the accident, such as a phone or glasses, you can claim compensation for repairs or replacement.
In rare cases, punitive damages may also be awarded if the driver’s actions were intentional or displayed a reckless disregard for safety.
Evidence is Key
Having strong evidence to support your claim is essential. This can include:
- Police Report: The police report from the accident scene will detail the officer’s observations, witness statements, and initial determination of fault. You can request the California accident police report here.
- Medical Records: Detailed medical records documenting your injuries, treatment, and prognosis are crucial evidence of the extent of your damages.
- Witness Statements: Statements from anyone who witnessed the accident can corroborate your version of events and strengthen your claim.
- Photos: Pictures of the accident scene, your injuries, and any vehicle damage can provide valuable visual evidence.
- Traffic Camera Footage: If the accident occurred near a traffic camera, footage might be available that captures the incident.
Consulting a San Diego Pedestrian Accident Lawyer
The legal process surrounding pedestrian accidents can be complex. An accident lawyer in San Diego can advise you on your rights, navigate the legal system, and fight for the maximum compensation you deserve. Here’s how a lawyer can help:
- Investigate the Accident: Your lawyer will thoroughly investigate the accident, gather evidence, and identify all potentially liable parties.
- Deal with the Insurance Company: Insurance companies often attempt to downplay the severity of your injuries or deny claims altogether. Your lawyer can handle all communication with the insurance company to ensure your rights are protected.
- Negotiate a Settlement: In many cases, a settlement can be reached with the at-fault driver’s insurance company. Your lawyer will negotiate on your behalf to secure the best possible settlement offer.
- Go to Trial: If a fair settlement cannot be reached, your lawyer will represent you in court and present your case to a judge or jury.
Taking Action After a Pedestrian Accident
If you’ve been injured in a pedestrian accident in San Diego, here are the initial steps you should take:
- Seek Medical Attention: Your health is the top priority. See a doctor immediately to get a thorough evaluation and begin treatment for your injuries.
- Gather Evidence: Take pictures of the accident scene, your injuries, and any vehicle damage. Collect any witness contact information if possible.
- File a Police Report: Reporting the accident to the police creates an official record of the incident. The police officer’s investigation and report can be valuable evidence in your claim.
- Consult a San Diego Pedestrian Accident Lawyer: Discussing your case with a lawyer as soon as possible is crucial. They can advise you on the legal aspects of your claim, protect your rights, and guide you through the process of seeking compensation.
Important Time Limits
California has a statute of limitations for personal injury claims, including pedestrian accidents. This time limit is generally two years from the date of the accident. Missing this deadline could bar you from filing a lawsuit altogether. An attorney can ensure you meet all deadlines and file your claim within the appropriate timeframe.
Additional Considerations
- Shared Fault: California follows a comparative negligence law. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For instance, if you are found 20% at fault and your total damages are $100,000, you would receive $80,000 in compensation.
- Uninsured/Underinsured Motorists: If the driver who caused the accident does not have car insurance or their coverage limits are insufficient to cover your damages, you may be able to seek compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it.
- Emotional and Psychological Trauma: Pedestrian accidents can be incredibly traumatic experiences. Don’t hesitate to seek emotional and psychological support in addition to medical treatment for your physical injuries.
Hire an Accident Lawyer in San Diego Who Knows How to Win
Being struck by a vehicle as a pedestrian can have devastating consequences. Understanding your rights and taking the necessary steps to seek compensation is crucial after a San Diego pedestrian accident. Consulting with a qualified accident lawyer in San Diego is the best course of action to ensure you receive fair compensation for your injuries.
Call (866) 845-1350 to schedule a free consultation at Broadway Law and take the first step into obtaining compensation for all the damages you suffered.