Ehline Law and our San Diego pedestrian accident attorneys have more than a decade of experience working with pedestrian victims and recovering compensation for their loss. Contact us to learn more about your rights as an injured pedestrian.
The following are some of the common pedestrian injuries sustained in an accident:
Pedestrian accident cases have reached an all-time high across the United States, and San Diego is no exception. Governors Highway Safety Association (GHSA) in 2021 reported 7,485 pedestrian deaths after getting hit by a driver, the highest in the last four decades.
The GHSA data shows 2.32 pedestrian deaths per one billion vehicle miles traveled in 2021, significantly greater than the historical average of 1.9.
What’s troubling is that according to National Highway Traffic Safety Administration (NHTSA), the percentage of pedestrian fatalities caused by speeding among children below the age of 15 has almost doubled.
Compared to the other traffic deaths, which increased by 13% between 2010 and 2020, pedestrian deaths in the country increased by 54% during the same period.
San Diego roadways are extremely dangerous for pedestrians, which is why the city has invested more than $50 million in its Vision Zero campaign, with the mission of zero traffic-related fatalities and serious injuries by 2025.
According to San Diego Tribune, the city saw 213 fatal traffic accidents in 2019, including 84 dead pedestrians.
The city of San Diego conducted a study in 2019, “Systemic Safety the Data-driven Path to Vision Zero,” where it studied three years of crash data from 2014 to 2016. During this period, there were 1,700 pedestrian accidents.
The study revealed that turning vehicles fail to yield to a pedestrian crossing the crosswalk at a traffic signal.
Many factors contribute to the exponential rise in pedestrian accidents across the United States, including drugs, alcohol, and distracted driving.
In the 2021 GHSA annual report, the findings revealed the following:
The city introduced Lead Pedestrian Interval to combat increased pedestrian accidents, allowing pedestrians to enter the intersection 3 to 7 seconds before the vehicles get a green signal, making them more visible to drivers.
Although there are other causes of pedestrian accidents, such as poorly designed intersections and crosswalks, distracted driving remains the leading factor in both car and pedestrian accidents.
Pedestrian accidents are not limited to an accident involving a pedestrian and a vehicle. It includes slip and fall accidents on public sidewalks and even falling debris or objects near construction zones.
Any accident on the road that hurts a pedestrian, whether it involves a vehicle, construction sites, bicyclists, or other road users, constitutes a pedestrian accident.
Fortunately, injured victims may be able to recover compensation for damages suffered in a pedestrian accident due to another’s negligence.
In most pedestrian accidents, it is the driver or motorcyclist at-fault, as many pedestrians stay on sidewalks unless they need to cross roads. When crossing the road, they often use the pedestrian crosswalks provided and follow the pedestrian traffic light.
There are some cases where a pedestrian is at fault, and most involve a drunk pedestrian. Other cases may include violations of the “don’t walk” signal, jaywalking, or running after a child.
On the other hand, drivers are more negligent or reckless than pedestrians.
Here are some common errors drivers tend to make, resulting in pedestrian accidents:
After an accident, the other party may blame you and make you feel that you were at fault, which is why it is crucial to speak to an experienced personal injury attorney.
Under California law, some of the rights of a pedestrian include the following:
If you’re unsure of your rights as a pedestrian after an accident, contact our skilled San Diego pedestrian accident attorneys to know more about your rights and legal options.
After an accident, it is common for pedestrian accident victims to wonder how much they can recover to determine if it is worth pursuing legal action.
The value of your personal injury claims depends on many different factors, some of which include the following:
Many other factors can affect how much you recover in a personal injury case. Our San Diego pedestrian accident lawyers carefully investigate an injury case to determine the full extent of the damages incurred.
If you’ve suffered injuries in a San Diego pedestrian accident, contact us to discuss the details of what your case may be worth.
Accident victims can recover compensatory damages following an accident, including economic and non-economic damages.
Economic damages are out-of-pocket expenses incurred following an accident and include past, present, and future medical expenses, lost income and lost earning opportunities, and property damages.
Non-economic damages refer to compensation for non-monetary losses, including pain and suffering, emotional distress, disfigurement, scarring, and reduced quality of life.
The court may also award punitive damages in cases involving serious gross negligence or intentional harm. Although rare, courts award punitive damages to punish the defendant for extreme recklessness or deliberate harm.
California follows the pure comparative negligence rule, meaning pedestrian accident victims who are partially at fault for an accident can still recover compensation for their injuries.
The court or the jury will decide the degree of fault based on the arguments and evidence provided and award damages. If you’re found partially at fault for the pedestrian accident, your damages will reduce according to the responsibility assigned.
Let’s look at an example. John crosses the road without looking out for an incoming vehicle but gets hit by a speeding driver under the influence of alcohol. John suffered severe injuries and filed a lawsuit against the at-fault driver for $100,000 in damages. The court finds John 25% at fault for the accident.
In the example above, John can recover compensation even if he is at fault, but his damages will reduce by the degree of responsibility. Instead of $100,000 awarded, John will now receive $75,000.
Insurance companies try to blame the victim in many pedestrian and car accidents where the liability is unclear. It helps them reduce payouts and enjoy greater profits.
An experienced San Diego pedestrian accident attorney can help gather the evidence to strengthen your case and protect your rights against such dirty tactics.
If you’re injured in a pedestrian accident in California, you only have two years following the date of your accident to pursue legal action against the negligent party. Failure to file a personal injury claim or lawsuit within two years, you lose your right to recover compensation.
Two years may seem like a long time but collecting documents, gathering evidence, and building a case can take some time. The more you delay a claim, you risk losing crucial evidence that may help win your case.
Pedestrian accidents can cause confusion and instill fear among injury victims, with many unsure what to do following their accident.
However, it is essential to note that the steps you take following your pedestrian accident can protect you and your pedestrian accident claim.
If you suffered injuries in a pedestrian accident, follow these critical steps:
Ehline Law is a leading award-winning personal injury law firm with more than 15 law offices across California, including San Diego County.
If you suffered injuries as a pedestrian due to another’s negligence, contact us at (833) LETS-SUE for a free case evaluation, as you may be eligible for compensation. Our personal injury lawyer will help assess your case and hold the responsible parties accountable for your loss.